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Questions Answered by Peter J. Weinman
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arkansas on
Q: How to cancel a right of way given to the county? I canceled real estate project. No money given or work done by anyone.

I was required to grant a right of way dedication for a project at the entrance of my land to the county. I have canceled the project. I was required to sign a quitclaim deed to get the project approved. I have canceled the project and plan to sell. The right of away is not needed anymore. It... View More

Peter J. Weinman
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answered on May 23, 2023

Assuming it was recorded (which would have been required to obtain the approval), you cannot cancel a conveyance and you will need the county to convey it back to you.

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I am answering this question from my New York Perspective.

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: How can I protect myself when ex-friend is harassing me and trying to extort money from me? Is her case even valid?

I stayed with a friend in another state. I asked if I could visit her and she agreed. We did not discuss any payment. I slept on her floor for 5 nights. We did some outdoor photo shoots together, since my friend is a photographer. After I left, she sent me a nasty email demanding $1730 for the... View More

Peter J. Weinman
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answered on May 22, 2023

Without knowing the state your friend lives in, none of us can say for sure, but from my NY perspective, unless you had an agreement in advance, she cannot unilaterally demand "rent" for 5 days on her floor now that she's mad at you. Your text, while not all that helpful, probably... View More

3 Answers | Asked in Criminal Law for New York on
Q: I was with a friend during the time of a fire and they want to blame it on us even though they have no proof

We were together and they questioned me and I ran up the stairs before because I had a lot of weed on me and I managed to ditch the weed which they later confiscated but has no ties to me. However, now I am the prime suspect in this arson I did not commit and they want me to come in and give a... View More

Peter J. Weinman
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answered on May 22, 2023

I'm not a criminal defense lawyer, but I note you have not asked an actual question - so I will just make a suggestion... This forum is a public place and is routinely monitored by many attorneys, including prosecutors. Obviously, you're asking a hypothetical question, but I would still... View More

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1 Answer | Asked in Real Estate Law for Idaho on
Q: What does IC 55-3206(1) mean?

The HOA Board thinks that the HOA Board authority to make any rule if the CC&R says they can make rules. I think it means that the rule they are trying to enforce has to be in the CC&R

Peter J. Weinman
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answered on May 22, 2023

I am not licensed in your state but I read Idaho Code IC 55-3206(1) and I believe, in essence, it says that if someone is part of a homeowner's association (HOA) in Idaho the HOA cannot fine them unless their ability to do so is clearly written into the Covenants & Restrictions. And, if... View More

1 Answer | Asked in Business Law, Civil Litigation and Mergers & Acquisitions for New York on
Q: I live in a mobile home park, we are selling our realtor was told by buys that Management of the park saying

Our house is for rent not for sell and management knows it's for sell. What can we do when management is Sabotaging the sell

Peter J. Weinman
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answered on May 18, 2023

Why do you suppose management wants to sabotage your sale? Is it possible the buyer got confused about the difference between buying your unit and renting the spot in the park?

1 Answer | Asked in Real Estate Law and Child Support for Oklahoma on
Q: I am trying to close on a home but my husband owes back child support, how do I get a release of judgment for the deed?
Peter J. Weinman
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answered on May 18, 2023

The way to get a release of judgment for back child support is by paying the back child support. If you cannot afford to pay the arrears, you may need to look for a way out of your contract, otherwise, the buyer may be entitled to sue you. This is something your attorney should have discussed... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I am being forced to let strangers in my house for viewing because the owner wants to sell the house. I don’t see tha

I don’t see that clause in my lease agreement

Peter J. Weinman
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answered on May 17, 2023

I am not licensed in your state, but from my NY perspective, if the lease is silent on the issue, presumably, with reasonable notice and at reasonable times, you would be required to let the landlord or her realtor show your unit. On a personal level, I would like to suggest that any of the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can my neighbor rehabilitate squirrels in our HOA community?

I am a home owner in an HOA community in Virginia. My next door neighbor is rehabilitating squirrels in his home and in his backyard. He has a permit and a license through the Department of Wildlife, yet our HOA regulations state: "No non-domesticated animals, unlicensed or undocumented... View More

Peter J. Weinman
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answered on May 17, 2023

I'm not licensed in your state but from my NY perspective, it's possible that a licensed wildlife rehabilitator might not be considered as having "raised, bred, or kept" the animals in the same sense as a pet owner would since the goal of rehabilitation is to return animals to... View More

1 Answer | Asked in Employment Law and Military Law for New York on
Q: There isn't a water fountain or a water receptacle available where I work. There is only the bathroom faucet.

I am a resident of NY State and work on a military base. Is it legal to have only a bathroom faucet available? There is not a kitchen in this facility to access drinking water.

Peter J. Weinman
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answered on May 12, 2023

OSHA's sanitation standard, 29 CFR 1910.141, requires the provision of drinking water at workplaces. They do not specifically mandate the form in which that water is provided (they do not specifically require a water fountain). As long as the water provided is potable and sanitary, the... View More

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Pennsylvania on
Q: Which PA laws mirrow these laws in Georgia OCGA § 44-14-162.2 (a) , OCGA 16-8-102 (5) , OCGA 16-8-105 (a) & (b)

I would like to know which laws in Pennsylvania mirror the following laws as listed in the question from the state of Georgia.

OCGA § 44-14-162.2 (a) ,

OCGA 16-8-102 (5) ,

OCGA 16-8-105 (a) & (b).

Peter J. Weinman
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answered on May 12, 2023

I'm not licensed in either state, but I like a puzzle/challenge as much as the next guy:

OCGA § 44-14-162.2 (a) relates to Mechanic's and Materialman's Liens in Georgia, which requires a notice to be sent to a contractor or property owner before filing a lien claim for...
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2 Answers | Asked in Family Law, Real Estate Law, Collections and Municipal Law for Nebraska on
Q: How can I protect myself and my property from debtors who are suing my girlfriend, whose name is on the deed also ?

We've been together 20yrs, but never married. We are both on Social Security Disability, and rely on each other in times of need. Her name is on the deed simply because I have no living relatives to leave anything to. (I've paid for the property outright from an inheritance) She's... View More

Peter J. Weinman
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answered on May 12, 2023

Attorney Fowler is correct and offered good advice (and she's licensed in your state). To directly answer your question, though, from my NY perspective, it's too late now to remove her name from the deed. To do so in contemplation of litigation would be a fraudulent conveyance, and any... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Eviction of family member, no lease...?

[Indiana] - My brother-in-law wants to sell me a house that his ex-girlfriend and biological daughter reside in. There is no lease in place, nor formal rental agreement. If I purchase this house, can I ask the ex-girlfriend to leave or is there a formal "eviction" process that I need to do?

Peter J. Weinman
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answered on May 11, 2023

You can always ask, but you must commence a formal eviction if she chooses not to go. Evicting family is never easy, and courts (at least from my New York perspective) are sometimes sympathetic to tenants in these situations, so you should speak to an attorney to discuss your possible outcomes and... View More

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1 Answer | Asked in Real Estate Law for Arkansas on
Q: Can my neighbors get an injunction to keep me from Crossing their property thereby us being homeless

I am in Arkansas This is a 6 to 10 ft section of property that we made an agreement on we could use and have been using their Road for a year and a half now that we are moving on our property they want an injunction where we cannot cross over this section. My question is how likely what a judge... View More

Peter J. Weinman
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answered on May 11, 2023

Your property is landlocked, you made an agreement for an easement over your neighbor's land, and now the neighbor is preventing you from accessing your property? Without more information, we cannot guess your next best move. How long have you owned the landlocked parcel? Was it once part... View More

2 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Currently in a dispute with mother-in-law on home. Mother-in-law purchased home with husband while I gave the full down

Mother-In-Law wants $50K to be bought out of home but did not put down on home. What is the best course of action

Peter J. Weinman
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answered on May 11, 2023

Your question is unclear, and I do not know whose husband (mother-in-law's or yours) you say purchased it - and I am not sure if you're on the deed with her and "husband" - or if it's with the two of you. Either way, if the mother-in-law is in title (on the deed), are... View More

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can an attorney help me get a mortgage lien removed from my home that was paid off 25 years ago but never satisfied
Peter J. Weinman
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answered on May 11, 2023

Attorney Avery is correct, but before I went that route, I would start by trying to locate a "duplicate" satisfaction of mortgage from the lender or its successor. If they are still in business, call them and ask for a duplicate satisfaction. If you cannot locate the lender or determine... View More

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2 Answers | Asked in Real Estate Law for Maine on
Q: I bought a piece of property in Maine in 2008. It was broken off from a larger piece of property.

I am now trying to sell this property and I am told that there is a problem with the title. What can I do?

Peter J. Weinman
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answered on May 9, 2023

Mr. Avery is correct, but even assuming you had no attorney when you purchased, hopefully, you at least bought title insurance. You should start with them before retaining your own attorney.

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2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: My mother & I are both on mortgage. She's principal borrower. She passed. Can/Do I assume the mortgage? Please help! Ken

Mortgage was drawn from her account because she had good credit. But, I have been paying mortgage through her account by check. I insure the home as well. My credit is much better now. It looks as though the mortgage company may just run my credit as to not upset the mortgage. Is this common?... View More

Peter J. Weinman
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answered on May 9, 2023

I do not necessarily disagree with attorney Geers, who is licensed in your state (where I am not), but your question has two aspects. I think (1) there's a distinction between being a borrower (on the note) and being an owner (and necessarily on the mortgage), and (2) whether your sister has... View More

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1 Answer | Asked in Family Law for New York on
Q: Do i need the other parent to get my child a passport?

I have sole physical & legal custody of my child.

Peter J. Weinman
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answered on May 5, 2023

Generally speaking, both parents would be needed, but if you have sole legal custody, you should be able to apply for the passport without the other parent. Along with your child's passport application (Form DS-11) and all the other required documents, you will also need to provide... View More

1 Answer | Asked in Criminal Law for New York on
Q: My son needs representation for a case they said it's a fugitive from florida.
Peter J. Weinman
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answered on May 4, 2023

You have not asked a question but presumably, you're looking for a criminal defense attorney in Florida. You should post a question in this website's "Florida" section. In the meantime, since volunteer lawyers here are not permitted to solicit you, you must search for them. You... View More

2 Answers | Asked in Real Estate Law for California on
Q: Need to know how to file a judgment to make someone sign a quit claim deed

I paid for a house out right and put boyfriends name on my deed now he is abusing his technical home ownership and ruining my stuff and stealing and won't leave won't sign my house back to me .... how do I get this in front of a judge I can't live like this

Peter J. Weinman
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answered on May 4, 2023

Putting aside why you would have paid outright for a house and put his name on the deed, your question is not clear. Is he the only name on the deed, or are both your names on it? If you are both on the deed, you must bring an action in Partition. This means you'd ask a judge to order the... View More

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