If a neighboring property deed from 1908 has reference to bearings in an original survey in 1863, should any surveys performed thereafter be performed using the magnetic north declination in that same year? If a new survey was performed in 2011 using 1983 bearings and caused a defect in my new... Read more »
Declination is always a problem that is rarely addressed until a surveyor gets cross examined. Apparently it is the adjoining property's calls with the 1863 bearings, not yours. You and your predecessors have probably acquiesced to a ascertainable boundary over the years, and you probably...Read more »
Your question is unclear. If there is only one tract, then apparently the alleged owner is actually only a tenant in common and the Probate will need to be closed prior to sale. If more than one tract, then the alleged owner may be able to convey the tract he owns. The Probate may only be...Read more »
The law’s view of condo governance is that the condo documents control, except where they don’t. There is no statute on BBQ on the balcony unless it violates fire code, but the condo association MIGHT be able to regulate it… if they did it correctly… which they often don’t.
I bought the house from the ex-wife; the ex-husband apparently owned the two small barns on the small adjoining lot; with shared utilities from the house. I've been told by a realtor that the small lots cannot be separated from the main property in this way by the previous owner divorcees. I... Read more »
The law doesn’t “stand” anywhere. Your presumably discount purchase and closing resolves who owns what. Get a lawyer to read and interpret your deed and then look to the title insurance to defend your deed. If you have neither a recorded deed nor title insurance, your payment of taxes is...Read more »
Neighbor issues of on going events of harassment since December 19th-2020 to current. Some involves a fence I paid for $600.00 as I want reimbursement for all the emotional distress and damages he has done to the fence.. He has carpet tacks which he furiously bashed them to fence all across top and... Read more »
There is no "pro bono list of lawyers". I suggest you schedule a consultation with a general practice attorney in your area to at least obtain advice, if not also representation that should start with a cease & desist letter.
If you cannot afford to consult or hire a lawyer,...Read more »
A Texas attorney could advise best, but your post remains open for three weeks. I'm sorry you received no response, but an attorney could give you better guidance with some additional information about the type of form you need. There's no guarantee that all posts here are picked up, but...Read more »
My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... Read more »
It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney...Read more »
Our Florida HOA approved and certified our application for a tan fence even though our community guidelines call for white. A month later our fence co contacted the HOA telling them they approved a tan fence, at which time the HOA issued an amended approval for white fencing. Can they do that?
If the fence hadn’t been installed yet, yes, they can correct their error. If the color wasn’t clear from the application, the HOA might be able to amend approval even if the fence was installed. If it was clear from the application the fence was tan, you asked for a variance and you installed...Read more »
Depends on the State, potentially also depends on the municipality or home owners agreements. Depends on how long the old fence was in place. And depends on any other agreements in the past, or recorded, that might modify your ability to remove and replace an old fence.
At common law land held concurrently, by several people, permits all persons the right to the enjoyment and possession of the land at the same time. (Generally,) There are three primary types of concurrent ownership. As a result, your right to...Read more »
They are now threatening to auction off the property! What are my rights? What is NJ law under these circumstances? This all came about due to request for vacation in order to build new house up to property line. Don’t we own the lot along with neighbour due to abandonment?
When the inspection and walk throughs were done it was winter time and there were a few snow storms and the deck on the house was covered with snow. Once the snow cleared we noticed that the deck had an addition done which is completely unsafe, and when signing the mortgage paperwork the previous... Read more »
Your word salad needs a light vinaigrette, because it’s got no relationship to law. Adverse possession has five elements. You haven’t named any of them. There are no clams involved unless you are serving clam chowder or a po’ boy, and I’m guessing it’ll be the latter.
A Texas attorney could advise best, but your post remains open for a week, and it sounds like you are under pressure to make a decision. There's no guarantee all posts are picked up, but you could repost your question under the Landlord-Tenant category. You'd have better chances of a...Read more »
My father passed away. I have a home in front of his and have been living here for 25 years. My stepmom still lives behind me in their home, and now the land is in her name. Can she make me move or do I have rights to part of the land that my home is setting on?
My neighbors fence is partially blocking access to our driveway. We've closed it since it is accessible from our own property, but she continues to open it. What are our options, and what maryland provisions cover this?
I suppose it's a form of trespass. Have you tried talking to your neighbor? If that fails, provide her with written notice not to open her gate across your driveway, which blocks your access in and out of your property. If she does it again, I suppose you can file trespass charges (I doubt...Read more »
My father and mother can no longer taker care of it and want to transfer the deed to my siblings and self, can this be done if they are still living? We are looking to sell this property after transfer of deed. Will we encounter any other legal issues with this?
They can certainly transfer the property to family members. If they can’t care for themselves, a Power of Attorney would probably be advised so that you and siblings could act directly on their behalf.
You should engage a lawyer in Puerto Rico familiar with real estate and estate...Read more »
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