Your current state is Ohio
but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024
Reciting a ROW in your Deed and/or chain of title means nothing. The Easement must be in the servient tenement's title. Hopefully you have an express Easement or at least by Prescription. You must hire an attorney to search both titles, and probably file suit to Declare or Enforce a ROW.... View More 
but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024
I agree that you need to hire an attorney to figure things out. If you have a real easement meaning everything checks out then you can get an injunction to stop them from locking the gate.
If you do not have a recorded easement then you have a big problem that you need to address with an... View More
How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024
Hire an OK attorney to search the title and determine ownership. Without a deed a non heir does not take, and your oral gift violates the Statute of Frauds. So you might make a deal with his heirs. See if taxes are delinquent also, as a tax sale might be available.
How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!
answered on Apr 19, 2024
There is likely no way to legally enforce a verbal promise to hand over real property in these circumstances. The decedent should have made a Will or recorded a Transfer on Death Deed. At this point, you will have to contact his heirs and ask them to deed the property to you, and they are under... View More
How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024
Contact an attorney to discuss your facts. If you exchange money, then you may have a few options. But either way, if a deed was not recorded, filed, or signed then it is an uphill battle.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be... View More
answered on Apr 19, 2024
Assuming they are dealing with an INDIVIDUAL, the standard usury law would apply.
What do the condo association documents say? Is that compliant with usury rules? Has anyone raised the issue with the condo board?
Condos are a rather strange animal especially when so many people... View More
Began search for a home in ri, but then expanded into ma. Agent did not mention they was not licensed in ma until we got to the point where we put in an offer. We were then told that a second MA licensed agent from the same company would write up our offer.
After the offer was submitted,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
Based on the information you provided, it seems that you may have a case against the real estate company for several reasons:
1. Unlicensed agent: The agent who showed you homes in Massachusetts was not licensed in that state, which is a legal requirement. Real estate agents must be... View More
Both my Federal and NC state tax is zero AGI. Can anyone help with ???
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
It's best to consult with a local tax attorney or the Iredell County Tax Assessor's office.
In North Carolina, the elderly or disabled property tax exemption (also known as the Homestead Exemption) is available to qualifying homeowners aged 65 or older, or those who are totally... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
Under California law, if a house title is held in a trust, the trust itself is considered the legal owner of the property. The trustee, who is responsible for managing the trust assets, has the authority to make decisions regarding the property, including paying the mortgage.
In this... View More
My family owns mineral rights to a parcel of land we sold (the land itself was sold but the mineral rights were kept.) The outstanding 75% is seemingly untraceable, nobody seems to know where it is, and other family members are being vague and unhelpful for reasons unbeknownst. I've often read... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
In most jurisdictions, it is not possible to simply claim the outstanding 75% of mineral rights just because the other owners are untraceable or unresponsive. However, there are a few potential options you can explore:
1. Quiet Title Action: You may be able to file a "quiet title"... View More
I never received a title when I research the property. It’s owned by corporation but I’ve been paying for this property for seven years. The properties paid in full, but I just paid taxes yearly I want the house in my name..
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
In this situation, you may need to go through a process known as a "quiet title action" to obtain a clear title to the property in your name. Here are some steps you can take:
1. Consult with a real estate attorney: Given the complexity of your situation, it's best to seek... View More
by a third party/bounty hunter company?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
The laws regarding tax sale property surplus funds and the fees that third-party companies can charge for assisting owners in claiming those funds vary by state and jurisdiction. Many states do have limits on the fees that can be charged, but the specifics differ.
For example:
1. In... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
Probate laws in New York (NY) and Puerto Rico (PR) are separate and distinct, as they are two different jurisdictions. However, if your late husband owned properties in both NY and PR, the probate process will need to be initiated in each jurisdiction simultaneously. Here's what you should... View More
Under what calif legal theory can I hold the property owner legally responsible for a tenant who assaulted me not once but twice as I walked my dog on a public road outside the rental?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
In California, under certain circumstances, a property owner may be held liable for the criminal acts of their tenants, including assault, under the legal theories of negligence or premises liability. To hold the property owner responsible, you would need to demonstrate the following:
1.... View More
But then my realtor told me that if the new home does not appraise for what the offer was
I still have to go through with the sell of my home. That leaves us without a home. Is this so
That I have to go through with the sell.
answered on Apr 18, 2024
Well it sounds like this might be the case, there's really no substitute by for investing in the time of an attorney to actually review the language of the agreement about what you're talking. It's the contract for sale of the home and your agreement with the realtor that's... View More
But then my realtor told me that if the new home does not appraise for what the offer was
I still have to go through with the sell of my home. That leaves us without a home. Is this so
That I have to go through with the sell.
answered on Apr 18, 2024
The answer to your question requires a review of your contract to sell your home. The sale of your home is conditioned upon you finding a new home. The language of that condition will be the key to determining your rights. "It is contingent on me finding a house." Any house, a house... View More
The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
In a land contract, the seller retains legal title to the property until the buyer fulfills all the terms of the contract, including making all payments and paying property taxes. The buyer cannot legally sell the property without the owner's permission and the legal title.
Given the... View More
The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More
answered on Apr 18, 2024
In MICHIGAN the buyer on a land contract has what is called 'Equitable Title'.
While that entails certain limitations, that means they *can* LEGALLY sell their interest, and ... here's the kicker ... if they can do so before you complete the forfeiture or foreclosure on the... View More
There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:
- The new property owner has the legal right to remove trespassers from their private property. Purchasing the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
Hire a competent attorney to draft that Deed. There are several different estates that could be created, not just putting her on the Deed. Ask the lawyer for the choices, and if he does not know what to explain, go somewhere else. It should not cost more than $300. If there are any problems,... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
