I am the owner of the servient estate which has an easement for ingress/egress. The owner of the dominant estate plans on bringing in surveyors to stake the easement, and then an excavation company to re-grade an unpermitted road on the easement. Do I have the right to require the dominant estate... Read more »
answered on Jun 21, 2022
You definitely have rights. An easement does not give the owner of the dominant estate unilateral authority nor does he have the right to work outside of the permitting process. If you are not able to have a reasonable conversation with this party you should get an attorney involved to assist you... Read more »
answered on Jun 16, 2022
The court needs to hear your side o the story. Your next step is dependent upon the current legal posture of the case. You should contact a probate attorney to assist you in obtaining your inheritance.
Every time I called. Can I collect damages from them for going well beyond the 30 days there were supposed to return my security deposit?
answered on Jan 25, 2022
A landlord who wrongfully withholds the security deposit may be subject to damages of 3X the amount and attorney fees.
6 months after taking possession of our new home, the HOA notified us that the color of our roof is in violation of the covenants. The new roof was installed and paid for by the previous owner during the inspection objection / resolution phase of our closing.
Here's the sticky part,... Read more »
answered on Sep 9, 2021
If the variance hearing does not go well you may need to contact an attorney to discuss your options against the seller who installed a roof without HOA approval of the color.
I have been running my business for 2.5yrs now… I called my landlord to notify him that I would like to purchase the building as stated in our lease contract… but he said he does not want to sell… what will I do if he don’t sell it to me? I have paid Rent, property tax and insurance every... Read more »
answered on Sep 8, 2021
You may have more leverage here than you think, so long as the Option Agreement is in writing. A strong Demand Letter from an attorney may be enough to show this seller that you will not simply walk away and intend to take action to enforce your rights. Contact an attorney you have too much to... Read more »
We went under contract to buy a colorado house and paid $65,000 earnest money. Contract gave date of may 24th for inspection termination. We viewed the property on the 14th may, it was in terrible condition, much worse than we were led to believe. We immediately terminated the contract and... Read more »
answered on May 26, 2021
You have a lot of money at risk here. Unfortunately, the answers to your question and your legal rights WRT demanding the return of your earnest money is dependant upon the specific language in the Buy/Sell Agreement the language you used in your termination. If you used the Colo Real Estate Div... Read more »
He prepared a fake quit claim deed and take my name off actually the property was on the name of 3 individual owner's. After signing deed he got notarized fraudulently. Notary has notarized deed with out my physical presence. Means there is also a froud comit by notary Public.
County... Read more »
answered on May 4, 2021
You are on the right path, you likely have claim against both your X and the notary.
You can schedule a consultation online 24/7 by going to go.oncehub.com/rhbooknow or calling us at 303-688-0944. At your free case assessment we'll discuss the facts, your proof, options, rights, risks,... Read more »
I'm a commercial tenant in a mall struggling to open a small business in the midst of this pandemic. A neighboring shop owner in the mall hired or asked a vendor/contractor to remove some equipment from her shop and he took a piece of my equipment valued at $1,300. When he returned it, it was... Read more »
answered on Apr 25, 2021
You should file that small claims action to force this to a conclusion more quickly.
Mother in law has retained an attorney who is threatening court ordered forced sale under CRS 38-28-101. @ closing, she signed an affidavit stating she would not require repayment in part or in whole for the assistance with the down payment on 12-07-2016. Since the closing, she has moved in 2X and... Read more »
answered on Apr 25, 2021
Is it possible for a 1/4th owner to force the sale of the property. In general, yes. But, you and the other partners may have defenses. You should contact an attorney to discuss the facts in detail and to potentially have an attorney respond to the attorney demand letter showing that you do not... Read more »
the defendant answered my complaint and argued that the i didnt have a claim due to statue of limitations. in my response, i want to argue that althought time has passed, i just found out
answered on Apr 19, 2021
You may have a viable defense to the Statute of Limitations defense. In some types of claims the Statute of Limitations does not begin to run until the damaged party (you) has notice of the defect. This will get very technical very fast. I recommend you contact an attorney to discuss your claims... Read more »
defendants attorney filed response that included the defense of statue of limitations.
answered on Apr 19, 2021
The issue here is does the Opposing Party have a legitimate defense and claim that the case is barred as a result of the Statute of Limitations. You will likely need to respond to this assertion. You are in Dist Court, if you are serious about your case you should consider having an attorney... Read more »
We had a home built and finished in July of 2019 and when we moved in we talked to the builder a bout this and they sent a rep from the siding company and they said it needed to be replaced due to not being installed the right way. Well the builder keeps sending people out to look at it but nothing... Read more »
answered on Mar 19, 2021
If your builder is failing to perform the warranty work then you will need to bring a lawsuit to protect your investment. This will be a construction defect type of suit. I recommend contacting an attorney familiar with suing builders under the Construction Defect Act as it is a somewhat... Read more »
We have an easement agreement for $10.00, which included crop damages and repurposing of soil. This was signed in 2018.
The check has no specific language on it. However, a letter sent with the check was subsequently sent for $30000 and language in the letter states, " this is for... Read more »
answered on Mar 15, 2021
Sue you have a lot of good questions and a lot at risk. The short answer is yes cashing the check could put you at risk. But, I certainly do not know all of the facts as related to you issue. So, I recommend that you contact an attorney to have a discuss so that you can fully understand your... Read more »
I am purchasing my first home, after signing the purchase agreement we were told that HOA only allows a 4 ft fence. The fence is pretty climb-able and open so I was told we could add chicken wire. This still would not work for us because my 5 yr old special needs child is autistic/wanderer and can... Read more »
answered on Mar 6, 2021
You may want to make a "reasonable accommodation" request to your HOA, if this is denied you'll need to get an attorney involved.
My x sued me for a dissolution of marriage claiming common law marriage. I filed a motion to dismiss and I won the ruling was that there was no marriage. Now there is a Lis Pendens against my property that my x's lawyer had put there while the case was going on. I am trying to re-finance and... Read more »
answered on Feb 26, 2021
No a Lis Pendens does not automatically fall off. You may have to sue in Quiet Title to get this resolved.
My siblings and I own property in Colorado together with our now deceased brother. However, we don't know if our brother's wife and/or children still have rights to the property. We'd like to get our brother off of the deed. How can we tell if it went through probate already as... Read more »
answered on Feb 24, 2021
The Colo Property would need to be probated separately in Colo.
Homeowner is refusing to pay the labor contract for the completed basement. Double standard on only agreeing to pay labor amount for contract limiting profitable margins and now has a livable space that’s worth around 120k. Contract breach amount is 12k and I’m wondering if I can sue for... Read more »
answered on Feb 17, 2021
You have a right to get paid for the work you did and to enforce your contract. Have you considered recording a mechanic's lien?
I am interested in purchasing a patented mining claim. The seller has obtained a right-of-way easement from the NFS but it adjoins another private parcel. The seller has been unable to obtain a right-of-way easement from the adjoining private property owner due to lack of response. Can the... Read more »
answered on Jan 30, 2021
Can the existing easement be modified? Maybe.
Can adjoining property owners be forced to allow and ingress/egress easement? Maybe.
Certainly a landowner has the right to have access to his property. However, gaining that access can be a complicated legal process if the adjoining... Read more »
Our contract was to rough in and finish plumbing for 2 1/2 baths, kitchen and laundry room. Terms were 50% due at start, 30% due after rough-in inspection and 20% due on completion. The homeowner hired an unlicensed plumber to finish the plumbing draw on the home, and the county passed the... Read more »
answered on Jan 12, 2021
The real question is are you going to allow this homeowner to breach your contract without consequences? You have a contract, you have the right to enforce the terms of that contract and your expectations of profit therein.
from the animal shelter, name, phone, address, etc., and has called me wanting the dog back. I clearly said no. He claims his ex wife gave the dog away to the shelter and he didn’t find out until 4 months later. He has since sued me and the animal shelter for custody of the dog. The dog is... Read more »
answered on Jan 2, 2021
You will definitely need to defend yourself in the Court action and prove ownership. WRT your safety I recommend considering a Protective Order. You should contact an attorney to discuss this matter in more detail so that the specific facts of our case can be reviewed and you can receive detailed... Read more »
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