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Questions Answered by Evan Charles Pappas
1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: The property is in carbon county Albrightsville

I am 82 years old i have a property i bought in pa in 1969. i want to file for adverse possession on the land bordering my property because i have been using it for more than 21 years open hostile notorious and all that. How do i file and what do i need to do and how long does the process usually... Read more »

Evan Charles Pappas
Evan Charles Pappas answered on Jun 3, 2020

Generally speaking, the process would require a legal filing in the Court of Common Pleas in Carbon County. The action would be filed against the current owner of the parcel that you are seeking to acquire, and possibly others. If the process is not contested you can expect the process to last at... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Property maintained solely for 30 years can someone just take it off me?

I maintained a small piece of land solely for over 30 years adjacent to my home i have proof ,pictures by the ton and borough letters etc Everyone including the d.o.c workers stopped right before this piece of property and never maintained it i did .Today the new president of council said i have... Read more »

Evan Charles Pappas
Evan Charles Pappas answered on May 14, 2020

There is a concept known as "adverse possession" which, under the right circumstances, grants title to real estate to those who have maintained it for 21+ years. However, the rules are very particular and would also need to be asserted in court. I also have questions about the nature of... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can you be a renter living in Maryland, but buy/invest in a property in Pennsylvania?

The goal is to purchase land and/or invest In property(ies) in PA. As a renter, are there stipulations for buying in another state?

Evan Charles Pappas
Evan Charles Pappas answered on May 6, 2020

Yes, you may own real estate in Pennsylvania as an out-of-state resident. Feel free to contact us if you would like assistance in the process. We can also help with the real estate closing and offer title insurance for the purchase once you decide which property to purchase. Feel free to call or... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: How can a nonprofit file litigation for the improper involvement of a political official interfering with real estate?
Evan Charles Pappas
Evan Charles Pappas answered on Apr 30, 2019

You should seriously consider speaking with a real estate attorney in the area where the real estate is located. There are many claims that relate to real estate and "interference" that should be considered based on the facts. Once the claims are determined, a Complaint would need to be... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: I am looking for an attorney to check an owner financing document for a property I am selling in McKees Rocks, PA

I am selling a property and providing owner financing, I would like a review of the document and if any other documents are necessary? I am looking to hire an attorney to check the document. Thank you

Evan Charles Pappas
Evan Charles Pappas answered on Nov 30, 2018

Our firm could help. Feel free to contact me to discuss.

https://www.tuckerlaw.com/people/evan-c-pappas/

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2 Answers | Asked in Real Estate Law and Foreclosure for Pennsylvania on
Q: Can anyone help me purchase property ahead of Sherriff Sales?

I am interested in properties at Sherriff Sales but want to know if anyone can represent me to approach the owners and buy these properties ahead of sales to avoid bidding situation. If so, how do you charge your fee?

Evan Charles Pappas
Evan Charles Pappas answered on Oct 12, 2018

Our firm could assist with this work provided that we do not have any conflicts with the foreclosing bank/lender and would charge for this work on an hourly basis. Feel free to schedule a confidential phone or in-person consultation for more information.

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Hello, looking to hire a lawyer concerning unique property issue. No easement, but township paved a road through lawn.

We have a corner lot deeded 1882. There's a main road in the front and a road on the side. Over time a small shortcut to the main road was created on the side road through our lawn (prior to our ownership). The shortcut makes the intersection a "Y junction" with the left side of the... Read more »

Evan Charles Pappas
Evan Charles Pappas answered on Jun 26, 2018

Depending on the location of the property, our firm might also be able to assist you.

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2 Answers | Asked in Contracts and Business Law for Pennsylvania on
Q: Board members of a company are banning another board member(equal owner) from company meetings and votes.

Small Family LLC, 3 against 1 type of problem.

Evan Charles Pappas
Evan Charles Pappas answered on Apr 4, 2018

I agree with Carrie A. Ward that the company governing documents will need to be reviewed to determine if they address the situation. Whether or not the documents address this situation, there are also remedies in Pennsylvania for owners of a company that are being actively shut out of its... Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I want to buy my mothers house. Do I need a lawyer or can I just go get a mortgage?

Property is paid off now in Pa.

Evan Charles Pappas
Evan Charles Pappas answered on Jan 16, 2017

You do not need a lawyer. A lawyer could be helpful if you wanted to negotiate special terms into an Agreement of Sale, but such is not always necessary. A written Agreement will likely be necessary to highlight the basic terms, but again, does not have to be written by a lawyer.

If you...
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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: What steps do I need to take to get a false mechanics lien removed?

A contractor hired to do a renovation once paid in full and not complete vacated the property we have pictures, video, and testimony of how the work was left and what we are still trying to complete to finish the project. We since then found out 1 he isnt a licensed contractor and 2 he put a... Read more »

Evan Charles Pappas
Evan Charles Pappas answered on Dec 6, 2016

You may need to initiate a court proceeding to have the court determine that the lien was not justified. This case could also include claims related to the defective quality or workmanship and seek damages for this as well. In addition to the obvious concerns you mentioned, there are strict... Read more »

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1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: Commercial tenant breach of lease-

Commercial Tenant moved out before lease ended. Landlord is suing tenant for breach of lease agreement. However.. 1 month after tenant moved out landlord submitted an application to the borough for a new zoning permit to put another type of business in the building along with an application to the... Read more »

Evan Charles Pappas
Evan Charles Pappas answered on Dec 2, 2016

Unless the lease indicates that the landlord's application to change the use of the premises causes a default or termination of the lease (which is unlikely), it is doubtful that a court would hold that the tenant is not responsible for the remainder of the lease merely because of the... Read more »

2 Answers | Asked in Real Estate Law and Probate for Pennsylvania on
Q: The deed on my parents' house reads "John Doe and Jane Doe, Husband & Wife." How to get new deed after death of one?

My Dad had a will but everything is left to Mom. No probate is necessary for any other assets, as almost everything was owned jointly. How do we get a new deed in Mom's name only? York County recorder has no info about this on their website. Thanks!

Evan Charles Pappas
Evan Charles Pappas answered on Nov 29, 2016

This could be handled by recording a new deed in the name of Mom only. In the deed we would explain why the deed is being re-recorded. This would be an inexpensive project.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I don't have mortgage satisfaction letter and he passed away how can I resolve because the wife is not helpful

I have a buyer for the house how can I get around her and put her money in escrow until we can resolve this matter at a later time ( I contacted her it was only a 5year mortgage)

Evan Charles Pappas
Evan Charles Pappas answered on Nov 7, 2016

Although the specific facts of the situation depend on what legal rights you may have, if this mortgage has already been paid in full, the lender is required to satisfy the mortgage within a certain period of time. If it is not yet paid in full, and you plan to pay the mortgage at closing, then... Read more »

1 Answer | Asked in Intellectual Property for Pennsylvania on
Q: Am I infringing on a word mark using THIS name?

My brother and I own a vineyard / winery in PA (Jackson Winery -- name has been changed to protect the innocent / guilty). We received a warning from 'Jackson Winery' in Washington State that we must stop using their trademarked name (we checked with the USPTO; they do own the word mark).... Read more »

Evan Charles Pappas
Evan Charles Pappas answered on Nov 1, 2016

The answer to this question may depend on how long you have been using the mark in commerce. Although this other winery may have a registered trademark (you refer to the "word" mark), this fact alone does not completely answer the question. If your use of the name predates their use... Read more »

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