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2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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1 Answer | Asked in Real Estate Law for California on
Q: Can our homeowner's insurance cancel our policy after we attempt to file a claim?

My husband and I suspected we had mole and asked that an analysis be conducted by the insurance company. The analysis was done, but we thought it would include air quality testing, but it didn't. We received the findings and were told that the mole would be caused by an increase in rain within... View More

James L. Arrasmith
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answered on Apr 21, 2024

I understand your concern and frustration with this situation. It seems that there may be a few issues at play here:

1. In California, an insurance company can generally cancel a homeowner's policy for various reasons, including if they determine that the risk of insuring the property...
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2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Hi. I have a friend who was previously deemed incapacitated but is now able to inherit the sums as afforded her by trust

In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm

Karn Thapar
Karn Thapar
answered on Apr 22, 2024

It sounds like your friend's situation is quite complex. If your friend was previously deemed incapacitated but is now able to inherit from a trust, it suggests that there have been significant legal and perhaps medical changes in her circumstances.

It's good to hear that...
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1 Answer | Asked in Tax Law, Real Estate Law and Municipal Law for Oklahoma on
Q: If a property is abandoned and tax warrants are threatening to take said property,can a person claim by paying back taxe

Even if also a mortgage maturity date ?

James L. Arrasmith
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answered on Apr 20, 2024

If you're interested in claiming an abandoned property by paying off back taxes, it's crucial to understand the legal and financial implications first. Paying the overdue taxes might not automatically entitle you to ownership if there are other legal claims, such as mortgages or liens,... View More

1 Answer | Asked in Estate Planning, Immigration Law and Real Estate Law on
Q: I need official datas about a deceased person from Virginia. Is it possoble to request the offical datas online?
James L. Arrasmith
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answered on Apr 20, 2024

Yes, you can request official data about a deceased person from Virginia online. The Virginia Department of Health’s Division of Vital Records provides access to death certificates and other vital records. These documents can be requested through their official website or through other online... View More

2 Answers | Asked in Real Estate Law and Municipal Law for Alabama on
Q: Can I bury my husband's ashes on my land? Hueytown, Al.

My husband died in 2019, I've had his ashes here since then. Can I bury him under the willow tree in the backyard?

James L. Arrasmith
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answered on Apr 19, 2024

In Alabama, there are no state laws prohibiting the burial of cremated remains on private property. However, it's important to check with your local government, such as the county or city, to ensure there are no local ordinances or zoning regulations that would prevent you from burying your... View More

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2 Answers | Asked in Real Estate Law and Municipal Law for Alabama on
Q: Can I bury my husband's ashes on my land? Hueytown, Al.

My husband died in 2019, I've had his ashes here since then. Can I bury him under the willow tree in the backyard?

James Blount Griffin
James Blount Griffin
answered on Apr 22, 2024

I would add that burial grounds are a special type of land use under Alabama law; cemeteries have their own sections of the Alabama Code. The burial of cremated remains by itself might not create a "cemetery" as defined under Alabama law, but if you if you put up burial markers, fences,... View More

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2 Answers | Asked in Real Estate Law for Tennessee on
Q: My deed includes a right of way through my neighbor’s adjoining land for the only available access to nearby public road

but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?

Anthony M. Avery
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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

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2 Answers | Asked in Real Estate Law for Tennessee on
Q: My deed includes a right of way through my neighbor’s adjoining land for the only available access to nearby public road

but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?

Michael Joseph Larranaga
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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...
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3 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: a piece of property next door to me, original owner was alive, he verbally handed over to me in case of his death.

How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!

Anthony M. Avery
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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.

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3 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: a piece of property next door to me, original owner was alive, he verbally handed over to me in case of his death.

How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!

John Michael Frick
John Michael Frick
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

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3 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: a piece of property next door to me, original owner was alive, he verbally handed over to me in case of his death.

How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Real Estate Law and Collections for Michigan on
Q: what is the allowable interest that my michigan condo association charge on late once a year payment hoa fee?
Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Real Estate Law on
Q: Can I sue a real estate company for having a unlicensed agent showing us homes

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

James L. Arrasmith
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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...
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1 Answer | Asked in Tax Law, Real Estate Law and Elder Law for North Carolina on
Q: Iredell County has denied my senior citizen property tax exemption based on my over limit income.

Both my Federal and NC state tax is zero AGI. Can anyone help with ???

James L. Arrasmith
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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...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Estate Planning for California on
Q: If a house title is in a trust fund, can the family continue to pay the mortgage without transferring the deed?
James L. Arrasmith
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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...
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1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for California on
Q: Can I claim the residual 75% of outstanding shares to the mineral rights I own 25% of?

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

James L. Arrasmith
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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"...
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1 Answer | Asked in Tax Law and Real Estate Law for Michigan on
Q: I purchased a property that was going to be foreclosed by a tax lien. Paying taxes for seven years how do I get a title?

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..

James L. Arrasmith
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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...
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1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for Indiana on
Q: is there a limit on the amount of fee that can be charged to the owner of a tax sale property when claiming the surplus

by a third party/bounty hunter company?

James L. Arrasmith
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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...
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1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Puerto Rico on
Q: How do probate laws in NY and PR affect each other? My late husband's properties will be in probate simultaneously.
James L. Arrasmith
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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

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