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Questions Answered by Seth Meyerson
1 Answer | Asked in Real Estate Law for Georgia on
Q: My neighbor is landlocked and has used my driveway to access her property for 50 years. What are her easement rights

and can she transfer them upon sale of her property

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

She has an easement by prescription for the driveway if she does not have an express easement. Yes, these easements are transferable.

1 Answer | Asked in Real Estate Law and Business Law for Georgia on
Q: The manager of our company used tenant's deposit to pay loan, then return back to account. Is that serious legal issue?

The manager of our company used our company's money to buy houses, use his private name for contract and HUD, than contribute these houses to the company in the same day. Looks very uncomfortable. Is that break the law?

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

It depends. An attorney would have look at the details here. At first blush, I though that the transaction you were describing was criminal. After reading that the manager contributed the houses back to the company, the transaction seems less sinister. As far as hud goes, that is another... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: Hello

I broke a rule in my lease. Probably manager texted me and said that I have to leave property by November 12 due to breach. I was informed one week ago and the property manager said that the sixty days began when lease was breached... and not when I was informed of early termination

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

I think I have answered this question. I would not assume because your broke a term in your lease that your lease has terminated. See an attorney.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can i pay my delinquent taxes and keep my property after sale
Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

I assume that you are writing about a tax sale of your property. Yes, you can pay your taxes and recover your property for a certain amount of time after a tax sale. See an attorney for details.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have a 1/2 undivided interest & life tenancy in a home. If I move out, don't I still have 1/2 interest in the property

I'm 80 and want to go live with relatives out of state. I have life tenancy in my house and the warranty deed I set up says I have "one half undivided interest in the property for and during my natural life." I want to know if the remainderman has unrestricted right to do whatever he chooses if I... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

If you move out you retain your 1/2 interest. You can sell your interest to the remainderman. If rent is collected, you are due 1/2 of this after expenses. IF he sells the property it will be subject to your life estate. One cannot sell what one does not have, and the remainderman does not have... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: Do I have to have sixty day notice to vacate ?

Property manager claims that I breached my lease on September 12. I was sent a text on October 1 saying that 1. My lease will be terminated early. 2. I have to vacate property by Nov 12 and 3. that the sixty days began when lease was allegedly breached and NOT when I was notified.

I am... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

A breach of the lease could allow the landlord to dispense with any notice provision in the lease and move to dispossess you by demanding the return of the premises and filing a dispossessory action in your county's Magistrate Court. Perhaps your landlord does not understand the law?

Also,...
Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I retrieve a deer that I wounded on my property and ran onto another property
Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

It depends.

2 Answers | Asked in Uncategorized for Georgia on
Q: If a tire shop sells you tires with dry rot on them, is that illegal?
Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

It may be negligence (civil liability). Did the tires fail? Did it cause you damages? Is there a warranty on the tires.

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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Leased a room from a veteran who recently passed. House foreclosed & was auctioned off Nov6. New owners have to evict?

I just received a letter from the new owners R&L Dream Homes asking me to contact them. But would love to know my rights prior to contact to make sure I'm not getting bowled over.

Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

If they want you out and you do not want to go, they will have to evict.

1 Answer | Asked in Consumer Law and Small Claims for Georgia on
Q: I filed BK-7 to protect my vehicle from repossession, the BK-7 was discharged but I filed an Adversary and need to sue.

First American Title of Georgia will not release my vehicle because I filed an Adversary to the BK-7 and I was informed by the judge that I need an attorney and I may be in the wrong court to file a lawsuit against First American Title to have my car returned and the missing valuables that were... Read more »

Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

Probably not.

1 Answer | Asked in Tax Law and Gov & Administrative Law for Georgia on
Q: Could not find w2. Went to a site entered in last paycheck info to get one. Now it does not match actual w2 after sent?

What should i do, because i located my actual w2. I fear i am committing fraud. Should i contact IRS now to let them know or wait for them to send me documents. I am very scared and feel very stupid.

Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

Is there a substantial difference? If there is, amend your tax return. If not, it is hardly fraud.

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Alabama LL. Have tenant who signed a year lease with previous owner. Started Aug 18 have not turned on no utilities.

Have some belongs in apt. Is it true I can evict them without file cause no power for 7 days. If so where can I this law in righting.

Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

You are in Alabama? Alabama law applies.

1 Answer | Asked in Landlord - Tenant and Probate for Georgia on
Q: How long does the PR of an estate in Georgia have to remove personal affects of a deceased renter from home?

PR of estate has been recognized by probate court as of this month. Landlord of renter (the deceased) has sent letter of notice to quit lease to PR stipulating property must be entirely clean. Renter was on a floating month by month lease in an old home and acquired decades of stuff. PR lives out... Read more »

Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

The landlord can demand whatever he wants. If he wants an eviction he will have to convince a judge what he is doing is right.

The deceased has a month to month lease. In GA the LL needs to give 60 days notice to term so long as the lease is being fulfilled (you must pay rent). He also...
Read more »

1 Answer | Asked in Probate for Georgia on
Q: in Georgia , 16 year old minor and a pregnant 19 year old . does the 16 year old need one parent with full custody

or does both parents have to be there

Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

For what?

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: A sibling of 2 other heirs is co-executor and has been caught stealing and mishandling funds. Attorney is doing nothing

but racking up billable hours. What can we do?

Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

Motion to dismiss executor and replace him. See an attorney.

1 Answer | Asked in Probate for Georgia on
Q: My parents had a will but died and it's lost. any ideas on how we might find the law office they used?
Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

Check with local attorneys. Check with the probate court in the county where your parents lived to see if they filed a will there.

1 Answer | Asked in Probate for Georgia on
Q: Can one of the hire’s take things from a property before the will goes through probate?

My grandmother had a will she passed in 2012. She had 4 living sons she left her property to one of the sons who took care of her he lived on the property and the others agreed to him living there. He just passed two weeks ago leaving it to the last three sons the mothers will never went to probate... Read more »

Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

Call the police. Document his theft.

1 Answer | Asked in Criminal Law, Traffic Tickets and Probate for Georgia on
Q: While I was getting booked in at LCSO I had the pleasure of watching an on duty officer that is (NOT) a diabetic give a

himself a shot of insulin that belongs to a co worker.all because I head him tell his female coworker he thinks he may be a diabetic. While on duty and infront of me.tell me how this is legal.and what would a news crew do with this type of issue. how can they charge me with possession of weed less... Read more »

Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

That someone else may be breaking the law is not a defense for your violation; you need a lawyer.

2 Answers | Asked in Criminal Law and Probate for Georgia on
Q: I need too terminate my probation I have not violated any of the requirements can I be able with a lawyer?

They are non vIolent and unsupervised.felony probation

Seth Meyerson
Seth Meyerson answered on Nov 12, 2018

Supervised probation is terminable under a number of conditions. Talk to a lawyer.

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