You obtain the relief you want by negotiation with others, resulting in a title document that gets recorded in the land records, or you go to court and obtain a judgment that can also be recorded in the land records. The term "quiet title" includes many things, much as the word...Read more »
Title transfers trigger many payment obligations, some of which are "taxes." When you make the transfer also determines what is due, and when. For instance, you can transfer now, you can make a conditional transfer (a life estate for you or others), or you can promise a transfer at a...Read more »
I have been paying all expenses for the property for the past five years and we secured a mortgage ten years ago. My sister now wants me to purchase her share of the property. How can I determine how to work this out since she has a “fixed” price in mind that does not match your investment?
Where expenses of ownership are not equally shared, there is a broad range of negotiation possible. First, you must make the calculations concrete. Gather the facts and documents. Your co-owner can review the data with a financial or legal advisor. Absent a negotiated agreement on the proceeds of...Read more »
It is not a specific law in the code, it is the principle that a contract must identify the real party in interest. Your contract does or does not have assignment language. Beware, not all contracts are assignable. If yours has the language, it can be assigned.
It is best to obtain a judgment for contribution before the partition action. Many judges take the position that contribution may be limited to the proceeds of the sale, so if the partition sale doesn't net enough to pay you in full, tough luck.
My aunt and uncle raised me. And have one biological son. My uncle died 2003 my aunt 2016. I was never legally adopted. My cousin( their son). Wants to sign their property over to me. Him and his wife are getting a divorce. She has threatened to take half of his deceased parents home. They do have... Read more »
You and your cousin do not presently own the property. It is property of the estate for the second of your Aunt or Uncle. If you name, and the name of your cousin was not already on the deed, only a Personal Representative of the estate can pass title of the house. And if your cousin was never on...Read more »
If the house is still in the name of the decedent, then the Estate is not yet closed. But the Personal Representative has broad powers to administer the assets of the Estate and make distributions according to the Will or laws that apply when there is no Will. If the house must be sold, then...Read more »
In my property on the right side there is a 10 ft driveway and also pipe line at the beginning of this 10 ft area this water pipe belongs to my house and it’s on the survey, but now a days my neighbor is using the area as a parking lot for his cars, when I talked to him he said this 10 ft area... Read more »
Hire a survey! The answer to your questions lies in what the survey shows, after the surveyor reviews the deeds and record plats. If there continues to be a dispute it is possible that the cost and expense of resolving the issue can be shifted to your title insurance company, if the claim is deemed...Read more »
I am in the process of buying a house. The house is currently occupied by tenants. The tenants were given notice of the home being sold by the sellers on April 1st, giving them 30 days to move out. The tenant refused to let our inspector inside the house due to COVID-19 risk, but agreed that the... Read more »
First question: Where is the property located? Some jurisdictions require that you give the tenant a right of first refusal on the sale. They must have the chance to match your last offer. Second Question: has the lease expired? The tenant has rights pursuant to their lease. And my third point is...Read more »
What Regards That You Don't Have To Pay Just Compensation As A LLC / Individual / Private Company Non Profit Company..... As In Thing That Regard Regard Tax Exempt Is It Just As In That Thing That Regard ( Tax Exempt )
Eminent domain is subject to the requirements of local statutes and ordinances that provide the payment formula. There are appraisers that deal with condemnation appraisals. And if you and the condemning authority cannot agree, you can take a case to trial in a circuit court where a jury will set...Read more »
No. Eminent domain is a means by which the government can take land from private citizens to serve some greater public good, subject to due process requirements. There is not a means where private citizens may force take government property. The government must do this voluntarily, ordinarily by...Read more »
If you are a private citizen, you do not file such an action. Only the government may exercise rights of eminent domain. Imagine a County Council announcing redevelopment of a blighted area, and then a process of acquiring land from existing owners so the County can sell to a commercial developer...Read more »
Your potential remedies are written in the contract. It depends on the available contingencies, and whether they have expired, and what may constitute a default. However, a change in the market after a contract becomes specifically enforceable is rarely grounds to back out. But this is America, and...Read more »
The answer is mostly in the deed, but life events may have changed how the deed language operates. For example, if siblings owned as joint tenants, the death of one ordinarily passes the interest to the remaining joint tenant. However, joint tenancy can be easily severed by events such as...Read more »
I sold home in Md in May 2019. Buyer agent fraudulently advised buyer to get out of contract using HOA Docs disclosure law when there was no buyer complaint with docs. Buyer home inspection showed serviceable roof with 3 minor issues. Buyer requests roof replacement. I refused and said would... Read more »
The HOA contingency operates regardless of intention. But having accepted a new deal, and closed on that new deal, you are likely estopped from claiming any damages against the purchaser and the former agent. The HOA contingency is a well-known "out" to a contract.
We signed a contract as AS-IS with Sellers right to walkaway subject to the home inspection. The Buyers agent provided us an email from the Buyer stating that following the home inspection they became aware of more potential issues. Through that correspondence they said if we did not provide a... Read more »
This is a very, very common issue. Your rights are in the contract, where you may be required to participate in mediation for disputes arising within one year from the settlement date. You may also sue for a declaration that the contract is at an end, among other things.
I guess the LL has been using the address of her home for her kids school district. The school found out they are no longer living here and they must move back in or face the kids being kicked out of the school. LL said we need to be out by the end of the month.
You have the right to enforce your own lease, if you are current in all your own obligations. Does the lease permit such quick notice? A lawyer near you must review the document before you have good advice to rely upon.
The just debts of the decedent must be paid out of assets of the Estate, before distribution to the heirs. So, the house must be sold or refinanced to pay off the credit card debt. This can be wrapped in with the sister disclaiming her interest (if she doesn't want the value of her interest),...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.