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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Divorce for Missouri on
Q: From Missouri…Does my ex have to split a mortgage company refund check made out to him only? More info below…

My ex & I are recently divorced. We sold our home, it was financed in his name only but titled in both. Do we split a refund check from the mortgage company made out to him only? I certainly hope so because my income was used the whole time to make the mortgage payment. Please advise, I... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 24, 2021

There is no general rule in real estate pertaining to this situation. This issue should have been addressed in your asset split in the divorce. Your family law attorney should be able to answer this question, or the answer should be in your marital settlement agreement.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: We purchased a property that has an easement to the land behind ours. Are we able to terminate that easement?

Easement is to the property behind us. The property is primarily woods and pasture area not used. The people who own that land do not use the easement properly and go through out property as an "easier" route. We would like to terminate the easement but are unsure if that's possible.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

Hire a competent AR attorney for specific advice after searching both titles. Easement descriptions do not have to amount to much, not like the property's legal description.

Termination is possible in many ways, but it sounds like they will ignore your efforts and probably will sue you.

1 Answer | Asked in Real Estate Law on
Q: In a break up of a relationship how can I get my equity out of the house

Girlfriend will not sell and can't afford mortgage

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

If there is sufficient equity then you might file an action for a Sale For Partition.

1 Answer | Asked in Real Estate Law for Missouri on
Q: We’re in Missouri on a farm. We want to put up a permanent property line fence on our south border to hold livestock.

Our neighbor refuses to pay half, says he does not have the money and doesn’t need a permanent fence since his stock is trained to electric fence. Said he will just go back 10 foot and install his electric fence. Is that a way to avoid paying his half of costs ?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 24, 2021

There is no legal requirement that neighbors who share a property line share the cost of installing a fence.

1 Answer | Asked in Real Estate Law for Florida on
Q: If a piece of property has been abandoned and owner dies. Can someone take possession openly, clean property up.

Openly occupy hoping to get adverse possession. Has paid 8 years property taxes and all improvements. Claim reimbursement?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

You appear to be referring to Florida Statute 95.18 Real property actions; adverse possession without color of title.—

You would have to be in possession "under a claim of title exclusive of any other right"; simply "squatting" won't be sufficient.

1 Answer | Asked in Real Estate Law for Texas on
Q: Foundation issues after sellers disclosure indicates no issue.

We purchased a home from a wholesaler - the sellers disclosure stated no issues with the foundation, while remodeling the house we found issues with the foundation & was wondering what remedy there may be for resolution.

John Cucci Jr.
John Cucci Jr. answered on Sep 23, 2021

All real estate sales are made with a written agreement. That agreement will likely have language in it that covers or does not cover any defects in the foundation. The fact that it was a "wholesale" purchase gives me pause as it may have been excluded from any warranty.

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2 Answers | Asked in Divorce and Real Estate Law for Nebraska on
Q: Does a subordination of real estate lien hold up the selling of property, until paid?
Anthony M. Avery
Anthony M. Avery answered on Sep 23, 2021

It can and should, as the grantee does not want the lien against his real property. It may have a second priority, but it is still a lien. If the grantee wants two liens against his property, then he can accept the deed with those encumbrances.

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1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Small Claims for Ohio on
Q: Is it illegal to build a snowman using snow from someone else's property?

They don't have a fenced in yard or any signs that say private property.

Andrew Popp
Andrew Popp answered on Sep 23, 2021

It sounds like you may be trespassing on their property. For a definitive answer you need to sit down with a local criminal defense attorney to evaluate the specifics of your situation.

Best of luck.

1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My ex-wife and I still have a home together. Divorced three years, she is still there. I would like to get out now.

I left three years ago and she said she needed to stay until she could qualify for a loan. I have allowed it for three years and never said a word. Now she is dragging her feet and doe snot want to do it. Even though I have offered to help and do all the paperwork, calls and leg work for her.... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 23, 2021

this depends on what you divorce decree says about the house. The court will enforce the terms of the decree. You should get a lawyer to help you with this.

1 Answer | Asked in Business Law and Real Estate Law for Florida on
Q: What lawyer do I contact? Received a UCC filing because my husband didn't sign closing paperwork on a property.

My husband is a volunteer for our home owners association, he's the President. The association was selling vacant property and there was a company that wanted to purchase it. They agreed on a price, however, at the closing, the realtor had added $500 to her commission and my husband would... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 22, 2021

You need to contact a real estate litigator. There are real estate attorneys who do closings and other transactional business, real estate litigators who do court cases and real estate attorneys who do both. Both is preferable. There are some pieces of information missing from this so it's... Read more »

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Buenas tardes, necesito saber quien puede hacer un plano de mensura y cual es el costo promedio de esta diligence en PR.

Good afternoon, I would like information on who to contract an engineer to do a land Survey in PR.

Rafael Pagan
Rafael Pagan answered on Sep 22, 2021

Buenas tardes. Mi oficina utiliza los servicios del ingeniero Iván Robles Ramos cuando necesitamos planos y certificaciones de mensura. Su teléfono es el (787) 860-6865.

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2 Answers | Asked in Real Estate Law for Georgia on
Q: I own a property jointly with my brother. He is refusing to pay half the property taxes. What do I do?
Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2021

You might consider an action for a Sale For Partition.

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3 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New York on
Q: My mother (90) owns her home in Huntington. She would like to add her 2 daughters to the title. What is the process?

Can we do this by completing a form or do we need to get a lawyer? Can we file electronically? I live in Maryland, but her house is in New York. Thank you.

Elaine Shay
Elaine Shay answered on Sep 22, 2021

In order to add additional parties to title, a new deed must be executed. Unfortunately, technology advances, such as esignatures have moved forward faster than our legal system has adapted. Therefore, it is necessary to executed wet ink copies of the deed and accompanying transfer documents that... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Can my ex roommate sue me?

my roommate wants to take me to court for rent. So as far as i know when you pay rent it's for the upcoming month right? Well i paid at the end of June which means i paid to stay in the apartment in July. And in August i moved out and got my name off the lease. I did let them know in the... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

Generally you would pay for the upcoming month, yes. Obviously every contract can be different though, so it would depend on when you originally paid and what the deal was. What does the tenant agreement say? When does the specific month-to-month start/stop? (oftentimes it's the first of... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Buying house cash Owner gets to rent back 6 mo. free w/ lease Owner is hoarder what happens if owner refuses to leave
Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Once you own the house and the former owner refuses to leave, you are in the position of Landlord and Tenant. You evict them. I would be sure to give them the 60 day notice of termination of tenancy, 60 days before the lease is up. If they hold over you can give them a 3 day notice to quit.... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Can a parent living in my home have the right to to tear down the ceiling with no intent to fix it?

I’m told my father can do anything to the property because he lives in my home.

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Sooo many issues. Who owns the property? They have the right to say who can make changes to the property. You say "my home" what does that mean? Do you own it? Are you over 18? You can evict your father if you own the property and are over 18. If your father is damaging the property... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Traffic Tickets for California on
Q: How can the IT certification file before corporate burial services allocation that the lifecycle have discharge...upon?

Discharge...timeline for ex. AD or BC etc., Instructions Acanthosis Nigricans-solution; Benadryl Itch Stopping 1-0, 1% Cream...Extreme color code 'neck'-food safety or field marshal commission/Institute Risk Management Merchant ship port--tech, imperial, admiral, ambassador, or nonprofit... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

I have to admit that I don't really understand your question, but I can tell you that this is not Divorce, Family Law, Real Estate or Traffic tickets, and if you don't post in the right category then attorneys who CAN understand your question won't see it. You might want to contact... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Ohio on
Q: Why don’t HOA’s allow essential critical infrastructure workers, emergency plumber, park their vehicles at their homes?

When renting the home I was not told or given any information about the HOA, nothing in the lease. I am trying to work w HOA, even tho legally they should be dealing with home owners, but they are just condescending, rude, and bullying throwing their attorneys around. I have been nothing but... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 21, 2021

HOAs are governed by a set of rules specified in a declaration that has been recorded in the county records and is binding on all the home owners and any others staying in any of the homes. The HOA rules provide fines or legal action for violations. They typically prohibit outside parking of... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a neighbor sue the HOA for them putting a lien on the property over tree trimming in this case?

My HOA president is verbally saying that townhouse owners are responsible for tree trimming. The "community handbook" I was provided when I purchased the townhome 3 months ago very clearly says the HOA is responsible if the tree is 5' away from the unit. The covenants are vague and... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 21, 2021

Anyone can sue for anything. The neighbor could sue for slander of title regarding the lien. There is no guaranty that the neighbor will win, however, and I have a hunch that the HOA's declaration has a one-sided attorneys' fee provision. That means if the HOA wins in litigation it can... Read more »

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