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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Ohio on
Q: Am I legally required to pay back previous owner for paying the gas bill after I bought the house?

I purchased the home in 6/2022. I wasn’t aware that the gas and electric were separate companies until 9/2022 when the previous owner reached out and wanted reimbursed for paying the gas bill from 6/2022-9/2022. She paid it for three months before saying anything. Do I legally have to pay her back?

Joseph Jaap
Joseph Jaap
answered on Feb 2, 2023

The home sale contract that buyer and seller sign, typically specifies that seller must pay for utilities through the date of the closing of the sale, and afterward the buyer is responsible. You would have to pay only if she sues you, the court finds you liable, and enters a judgment against you... Read more »

1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: My mom died in 2015 w/o a will. I am 1 of 3children. We all agree I will get the house. I need to get it in my name.

I recently paid off the mortgage as I have remained living in the home since her death.

Anthony M. Avery
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Anthony M. Avery
answered on Feb 1, 2023

Hire a MS attorney to search the title and determine heirship. Then draft a deed from the other siblings over to you, with at least a proper derivation of title clause if not a recorded affidavit of heirship. Get them to execute deed, then record it.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Part of my neighbor's fence has been in my backyard. I now need it moved. He is ignoring me about this, what can I do?

His fence was partially in my yard when I bought the place 8 yrs. ago & he knows that. I did say anything to him at that time.

Anthony M. Avery
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Anthony M. Avery
answered on Feb 1, 2023

Hire a competent GA attorney now that conducts real property litigation. If you do not file suit for the Boundary Line Action, you will acquiesce to the present fence line which is physically ascertainable. Title to both properties should be searched for the common boundary. A surveyor may be... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: can i get help with a couple questions about my moms property

there are three names on the deed to the house. My name and my two brothers. my one brother doesn't care about the house and the other one is trying to force me to buy him out, force a sale on it, or my daughter that lives there to pay rent that wasn't agreed upon

Anthony M. Avery
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Anthony M. Avery
answered on Feb 1, 2023

Hire an attorney to search the title, determine ownership and liens, and if prudent, file an action for Partition.

1 Answer | Asked in Real Estate Law for Nevada on
Q: I am joint owner of 3 properties in Nevada . One of the owners has passed properties are now owned by myself & ½ sister

I would like to force the sale of all properties . I live in Oregon

Anthony M. Avery
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Anthony M. Avery
answered on Feb 1, 2023

Hire an attorney in NV to file a suit for a Sale For Partition. You might call some of the attorneys here on Justia, who appear to be competent.

Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: In New Jersey, can I send a lease termination letter to my month to month tenant simply because I want to sell?

Tenant had been on a one year lease about four years ago, we never renewed or offered renewal and so I believe she is now "month to month" essentially. In New Jersey, can we simply send her a lease termination letter with proper notice? Or do we need "good cause" to do so? We... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Feb 1, 2023

Yee, you may send such a letter. Be sure that it is given prior to the commencement of the Next month's term. Further it should provide a minimum of 30 days notice to vacate.

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: Best way to obtain compensation over $50k from corp landlord that filed UD against me, cross complaint or Civil suit

Los Angeles Ca

Jury Trial set in the next 48 hours. Trying to figure out how to obtain compensation for slumlord that is trying to evict me for "non payment" even though they were over paid, and after I contacted the city and county?

Compensation in cross/counter claim... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 31, 2023

To me, I'd hire an attorney, with that much money at stake and super fast, since you are saying trial is in two days???

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it legal for my homeowners insurance to cancel my policy because of two claims 6 months apart?
Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2023

Usually that is not a prohibition on the insurer. Read your contract of insurance carefully. Probably need another carrier now.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Yesterday I had my property surveyed. My neighbor took the wooden stake and the metal pin out just hour later. What ca.

Is there anything I can do

Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2023

You can report the act you have personal knowledge of to the Sheriff. Trespass and vandalism are involved, which will require the Surveyor to return and restore the monument. That corner is owned by both of you. You may wish to sue for civil damages in Sessions Court, then place a Judgment... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for North Carolina on
Q: Brother and I own home titled joint tenants with rights of survivorship through inheritance. As I did not want to sell

the home which I had the right to do as executor of estate, we agreed that brother would live in home paying for all upkeep.Brother has a spouse. (whom he married after we became joint owners) Brother has passed away. Spouse is making a claim for property. Does spouse have any legal rights to... Read more »

Ben Corcoran
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Ben Corcoran
answered on Jan 31, 2023

I would have to check to make sure that your brother didn't add his wife to the deed before he passed, before giving my full legal opinion. But in the scenario you outlined, since the ownership was joint with the right of survivorship between you and your brother, once your brother passed,... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: buyer/owner 'A' can hold the seller liable for non-disclosure. Can husband, owner 'B' do the same?

OWNER/BUYER 'A' can sue seller for non-disclosure, Can husband, owner 'B' sue the seller as well?

James A. Greer
James A. Greer
answered on Jan 31, 2023

Dear Failure to Disclose Claimants: You asked if "owner B" has a right to join a claim against a Seller for a claim of non-disclosure. The first part of the analysis is quite straightforward: was Owner B a co-purchaser ? more particularly did Owner B sign the Purchase Contract ? In... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: trying to see who owns a property that will be going to tax sale in Rusk County and wanted to make an offer on it.

The property has back taxes since 2010 and is in Rusk county tx. I want to contact owners but can't locate them.

John Michael Frick
John Michael Frick
answered on Jan 31, 2023

I would check the Rusk County Appraisal District records and the Rusk County Deed Records.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Rat infestation on rental property, who is responsible for cost?

This is my 3rd year with tenants and first time with rats. We believe they are coming from vacant bar next door. I had Health Department come out and they are opening a claim on the new owners of that property. I got one estimate so far for an extermination service to get rid of rats and... Read more »

Richard Sternberg
Richard Sternberg
answered on Jan 31, 2023

If we are talking about a commercial lease, generally the lease controls. Get a lawyer to review the lease and negotiate a resolution with the neighboring property owner harboring the vermin infestation. If this is a residential lease, the answer depends a bit on the locality, but, as a general... Read more »

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Is it legal for a broker in Missouri to require their agents to sign a non-compete clause?
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 31, 2023

It’s not a matter of legality but rather of the enforceability of such a provision. The enforceability would depend upon the facts, including the geographical and temporal scope of the provision.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a real estate agent make false claims about another agent to take their clients?

Had another real estate agent calling clients that I had worked with and telling them that I had retired and that I had referred them to her. I’m concerned that this is affecting my business.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 31, 2023

If you can prove that such a statement was made and you can prove that you were financially damaged and if you are willing to pay an attorney to file suit for you, go for it. Also, make sure the other agent has insurance or funds to pay any judgment you might obtain.

1 Answer | Asked in Real Estate Law and Agricultural Law for Texas on
Q: The city won't let me get water without having the deed put in my name, the property was willed to me from my stepdad
John Michael Frick
John Michael Frick
answered on Jan 31, 2023

The city is incorrect.

That being said, the least expensive solution is to have the executor of your stepdad’s estate sign a deed conveying the property to you.

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: My parents have been married 40 years. They want to transfer property from only my dad's name to both. What do they do?

He has real estate as well as our house in his name only, and my mom wants her name put on the property as well. How can they go about switching ownership legally from just him to both of them, so that her name can also be on the deed?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 30, 2023

Easy to transfer title ownership.

Your father can sign a deed from himself to both his wife and him, and probably as joint tenants, with right of survivorship so that when one dies, the other owns the entire property automatically. He then records the deed. There will be a fee for that by...
Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I was served a writ of possession, and had it stayed by the court, but they lifted the stay does it need to be re-served

What is the procedure now that the appeals court lifted the stay, does a new writ need to be issued, do I get re-served or am I basically going to have the sheriff come anytime now to throw my stuff out, I have movers scheduled day after tomorrow so I don’t need much time but wanted to know if I... Read more »

James Clifton
PREMIUM
James Clifton
answered on Jan 30, 2023

If the stay has been lifted, the original writ can now be enforced by the sheriff. No new writ has to issue or be served. The sheriff will show up when the landlord schedules the writ to be executed. It could be any day now that the stay is lifted.

1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on
Q: As the current owner of land in Puerto Rico, am I permitted to lease the land to an individual or entity..See more info

As the current owner of land in Puerto Rico, am I permitted to lease the land to an individual or entity for the purpose of constructing a dwelling on the property?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 30, 2023

So long as you are the current sole owner of the land, you can lease said real estate to an individual or entity. Nevertheless, a lease contract is temporary by nature. Allowing a third party to erect a permanent structure on your land, of which you're not the owner, exposes you to legal... Read more »

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