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Real Estate Law Questions & Answers
1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Q: Is The Law Of Adverse Possession (clearly established law )

Is The Law Of Adverse Possession (clearly established law) And And How Do The Police Determine Adverse Possession From Anything Else?

Thomas C. Valkenet
Thomas C. Valkenet answered on Jun 22, 2021

Adverse possession is a civil legal concept. In Maryland, it is an inchoate claim that must be brought in court. Once all elements are proven, a court may grant possession and authorize recording of an instrument that includes the possessed property.

The police have absolutely zero to do...
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1 Answer | Asked in Real Estate Law for New Jersey on
Q: We will need to replace our cesspool and put in an advanced treatment system septic because of ground water issues.

I have been told I need to put a deed restriction on requiring the new owner to maintain the system. Wont this have a negative effect on selling my property? Do you know of other alternatives? This seems very unfair to me.

Morris Leo Greb
Morris Leo Greb answered on Jun 21, 2021

The posed questions fails to state who is imposing the restriction. It also fails to state whether the system is being installed on property not owned the the poser of this question. If the question were rephrased, perhaps a better response could be given.

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Texas on
Q: Does a Washington state based LLC need to register as a foreign entity with Texas SOS?

Hi, I live in Washington State and I am formalizing a small business LLC from my home. The main purpose of my LLC is to purchase real estate property in Texas (residential homes), and put them up for rental. I will utilize a Texas based real estate company to purchase the home(s), and utilize a... Read more »

Brian J Elliott
Brian J Elliott answered on Jun 21, 2021

Yes - a foreign entity doing business in Texas needs to be registered with the Texas Secretary of State. However, an entity that is created for the sole purpose of owning real estate may not need to be registered in TX even though the property is located in TX. While the entity that conducts the... Read more »

1 Answer | Asked in Divorce, Personal Injury, Real Estate Law and Insurance Defense for West Virginia on
Q: Need help filing a dismemberment claim
Tim Akpinar
Tim Akpinar answered on Jun 21, 2021

A West Virginia attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to West Virginia attorneys. If the dismemberment involved loss of an extremity in a work-related setting, it could involve element of workers' comp law. But if it was... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Reference to old land surveys and deeds

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 »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

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 »

1 Answer | Asked in Personal Injury, Real Estate Law and Municipal Law for California on
Q: What recourse do I have against a AirBB next door, smoking affecting my health, I have serious asthma problems.

The guests smoke marijuana, even though they have a no smoking rule that the owner doesn't enforce, resident/son is rarely onsite to monitor, I have high risk, serious asthma and respiratory complications. They are just ignoring the problem or saying they know nothing about and say it must be... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 21, 2021

make an appt with a LOCAL lawyer for guidance. I am in Palm Springs!

if you can't afford a lawyer maybe filing in small claims for up to $10k is the answer.

i would first send a written demand letter to the owner setting forth the facts. Advised them, if this is not resolved...
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1 Answer | Asked in Intellectual Property, Land Use & Zoning, Probate and Real Estate Law for Wyoming on
Q: Can the owner of the land sale the land if there is property on it thats wrap up in probate?
Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

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 »

2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Michigan on
Q: Mom is in the hospital in California and wants to do a ladybird deed for her house in Michigan how do we proceed?
Brent T. Geers
Brent T. Geers answered on Jun 21, 2021

You should have a Michigan attorney draft the deed, and then somehow, your mother will need to sign it before a California notary.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: i was mowing and part of the rock that was used to make some kind of island in the back yard hit me in my leg

this rock was part of some kind of thing that was built on the ground to make a platform. I did not build this it was already built. Can i file under the homeowners insurance policy because i was badly injured?

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

Your homeowners insurance covers your liability if someone is injured on your property. It does not cover you for injuries to yourself; that would be covered by your health insurance.

1 Answer | Asked in Real Estate Law for Texas on
Q: My name is Debra: I had a modification on my home around 10 ago, I just discover that I have been paying interest only.

Can a company do that legally? I noticed that I have been paying for years and I noticed that the balance owed on the house was not going down. After the interest was paid they doubled my note, I am about to lose the house because I can't afford the payment of $1586.29.

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

It sounds like you and the lender agreed to a modification that would allow you to pay interest only for a period of time, and now that the period is over, they want you to make up the payments, which is why the monthly payment is increased.

It's not at all clear what you originally...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Neighborhood voluntary HOA now claims they are mandatory. They are threatening to put a lien on deed. Do I have rights?

I checked with the county records and there is definitely no HAO for my property. These people got together and just decided it's within their rights to create one. What can I do so I don't end up with issues when I go to sell?

Kenneth V Zichi
Kenneth V Zichi answered on Jun 21, 2021

If you've never signed anything and there is nothing in your chain of title, there is no HOA.

If you've agreed to something then all bets are off however.

Without seeing all the documents however, we're shooting in the dark. You need to consult with a LOCAL real...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Hello, if a domestic partner put in money to purchase a property together without any payback agreement

Their name is not on the deed bcs we are not married are they entitled to 1/2 the property?

And or payback?

Rand Scott Lieber
Rand Scott Lieber answered on Jun 21, 2021

If there is no written agreement and no legal marriage then you are in a difficult position. You may have an "equitable" remedy but it could be hard to prove. You should speak to a local real estate attorney who handles litigation to get more specific advice.

1 Answer | Asked in Real Estate Law for Florida on
Q: I am a Florida realtor and own a home in Ohio I am selling do I have to list I am a realtor on zillow listing ?
Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jun 21, 2021

It depends what the law says in Ohio for a realtor selling their own home or a property in which they have an interest. You should consult with an attorney in Ohio.

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Lemon Law for Maryland on
Q: "The law does not stand anywhere." Is this a fact of legal theory, or just something with which to hit me on the head

Your statement: The Law does not stand anywhere. Et tu quo que.

Your view of the Law depends upon where you stand; and where you stand depends upon the Laws view of you.

Richard Sternberg
Richard Sternberg answered on Jun 19, 2021

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.

1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for Oregon on
Q: We were never asked to buy the property we have been renting for almost 2 years ...

We got a 90 day notice to leave because they sold the property . But no papers were added showing proof of it being sold ...I lease ended in march ..they never renewed it but we have till this day payed rent every month...what should we do...there is nothing open for rent here

Gregory L Abbott
Gregory L Abbott answered on Jun 19, 2021

Much depends upon the exact details - what the 90 day notice said; what, if any, other papers were served; what, if anything, was said about relocation assistance; etc. You are correct that the seller/landlord is obligated to show you a copy of the offer that he accepted, along with a declaration... Read more »

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I bought the house, and land; not included were two small barns; with underground electric fed from the house.

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 »

Richard Sternberg
Richard Sternberg answered on Jun 19, 2021

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 »

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Before my father passed away he was buying a house, he owes the it's so we put all paperwork in my name.

We have the same name. Used my social also. So IRS didnt take it from him. Now he's passed away and step mom is not letting me stay there. Is there anything I can do.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 19, 2021

Very sorry for your loss on the passing of your father, please accept my condolences for you and your family. This is an issue and question of probate and based upon how the deed is held. If this was Homestead for your mom and dad then one set of rules will apply related to probate, or maybe the... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Can an electric grill be used on a balcony in a multi unit condo community?
Richard Sternberg
Richard Sternberg answered on Jun 19, 2021

You need to review your condo Decalstions, Bylaws, and Rules & Regulations and then evaluate whether there was compliance with those governing documents in creating whatever rule you are challenging. There may be local fire prevention laws, but the analysis starts at the condo governing... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: A leasing agent is asking me to sign a lease/pay surety bond before I see the apartment. This legal? My rights? Options?

When I insisted I want to see my actual unit prior to move in, the leasing agent indicated I can’t view the apartment until move in day. I was informed in writing that if the apartment doesn’t need my standards I have the option to decline to move in. But that option will place my family at... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 19, 2021


Seek a different leasing agent/apartment.

Would you buy a house without looking at it first?

There is nothing LEGALLY requiring someone to show you an apartment before leasing it, but there is nothing LEGALLY requiring YOU to lease it either. If they are unwilling...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Where in Florida law does it say new owner must honor a written lease if the property sells

I have a written lease with prior owner until March 2021. The new owners want me to stay but the HOA board is telling her she is in violation of the rule that prohibits rentals for 1 year after purchasing a unit.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 18, 2021

March of 2021 was three months ago, so the new owner is not obligated to honor that. The HOA rule is another matter and, if enforceable, would preclude the new owner from extending your lease.

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