Get free answers to your legal questions from lawyers in your area.
There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More
answered on Apr 27, 2024
Thank you for asking the question!
1. The first issue that needs to be addressed is whether homeless people have any right of possession in the property. The CA general law allows some occupants to take both the title and possession under adverse possession under certain circumstances. One... View More
From what I’ve been reading, it sounds like she can have the roots on her side be cut if an arborist says it won’t damage my tree’s health which I would be fine with.
If an arborist determined cutting those roots would end up killing my tree, I would also be okay with the neighbor... View More
answered on Apr 28, 2024
Thank you for asking the question!
1. Who owns the tree? The owner of the tree is the landowner which the trunk of the tree is located on.
2. Who has the liability for the trees encroachment? There is an absolute liability on the owner of the tree to remove portions of his trees... View More
I have a property which I need to be managed by a property management organization that I want the contracts to be reviewed by a lawyer. I can provide the documents. I would like to know more about the review process by a lawyer and the cost of it.
answered on Apr 29, 2024
Thank you for asking the question!
Attorneys can charge on flat fee or hourly for the contract review.
1. There is usually a initial consultation with the client to have an understanding about the general subject matter of the contract, client's goals. Which types of the... View More
answered on Apr 30, 2024
Thank you for asking the question!
1. The lease agreement is the governing instrument. If there is any provision in the agreement that controls the increase in the rent, you can make the owner of storage to comply with it.
2. Even though storage is not a residential property, there... View More
and he transferred his assets away and shut down his LLC and stopped responding. I asked for case ending sanctions against him. They were granted. I had NO IDEA how to get a default judgment and it took me a few years to figure it out. I finally did though and got a judgment for almost $8,000.... View More
answered on Apr 29, 2024
Thank you for asking the question!
Personal jurisdiction (PJX) is about the power of the court over the person or entity. It is about fairness. There must be personal jurisdiction over the person so the court can hear the case. Some of the instances that there is personal jurisdiction over... View More
I submitted three letters to the HOA association and the other two board of directors. I stated in the letters in accordance with the statutes of the davis Sterling act and homeowners association laws that I was to be provided this information of disclosure I never received a response I was... View More
answered on Apr 29, 2024
Thank you for asking the question!
1. A member of the association may bring a lawsuit against the association in case of violation of Sterling Act within one year.
2. If the member prevails in the civil action, the member is entitled to an award of reasonable attorney fees and... View More
on two – 5–24. I was at an HOA board meeting with the other board members when one of the board of directors stated that the lawyer what the association had quit because I was a nut job he continued to say that it was my fault that the lawyer had quit And open reading he said I was a nut job in... View More
answered on Apr 30, 2024
Thank you for asking the question!
Defamation laws is lengthy, but some of the defamation elements are as below:
1. An intentional publication of a statement of fact;
2. The statement was false;
3. The defendant’s fault in publishing the statement amounted to at... View More
On 10/1/23 I asked manager of HOA to investigate and take action on a concern of safety. The neighbor upstairs refused to move items that were stored in my path I felt and stated that the items were tripping hazard. I was told of HOA to investigate and take action on a concern of safety. The... View More
answered on Apr 30, 2024
Thank you for asking the question!
It seems to be a personal injury case, rather than a real estate law. I recommend you speak with a personal injury lawyer who handles these cases. They usually get contingency fees (which means you do not have to pay until you settle or win the final... View More
The plastic chain is supported by two metal posts on either side of the driveway. We live on a small one way mountain road and don't like vehicles that pass by using our driveway as a turnout or turnaround. Our neighbor doesn't like it and says it's an unnecessary barricade.
Thank you
answered on Apr 30, 2024
Thank you for asking the question!
1. Since the driveway is shared, its maintenance belongs to both of the property owners. Your neighbor's consent is required for such changes.
2. Even when there is a mutual agreement, a real estate attorney needs to examine your deed and... View More
Sister wants to sell never transferred title so neither own it...she kept all documents... want to buy her out court had granted stay but she got it vacated lying to Court that i paid for nothing. Can I get vacate reconsidered? Like to live in home and reach agreement to buy her out.
answered on Apr 30, 2024
Thank you for asking the question!
A. To have a partition, there must be some sort of tenancy in common (e.g., joint tenancy or tenancy in common).
You need to get the title of your property through either a. non-probate (which is much shorter and not applicable to all cases); or... View More
basically i sold my home to my father in law way under market value only for him not to pay me and kick us out do i have any grievence or way to recoup my money or home
answered on May 3, 2024
Thank you for asking the question!
There are some legal theories that under them you may be able to rescind the agreement and take your money back:
1. Breach of contract: when one party does not keep their promise under the contact.
2. Fraud or misrepresentation: when there... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
answered on May 9, 2024
Thank you for asking the question!
1. Was the home transferred properly to you after 30 years?
There are necessary elements for a deed to be valid:
1. A sufficient writing of the names of granite and grants, operative words of conveyance, and sufficient description of the... View More
In 2007 my husband and my sister-in-law had an affair. Heard what I was told by a mutual friend they would speak about him getting rid of me and her getting rid of my brother, and running off together and with all my family's money. There has been numerous people involved a lot of harassment... View More
answered on Jul 21, 2024
You need to report all these incidents to the district attorney's office AND police officers. Also, consult with a criminal attorney to guide you properly about your evidence and options you have available.
answered on Jul 21, 2024
Your question is cut off in the middle. Would you please rewrite it?
My mortgage lender increased my loan because of the property tax. Now they did not acknowledge that I have a property tax exemption. I bought my home going on two years, and have been building up escrow. Not only did they take everything from escrow, but they also raised the amount of my loan. This... View More
answered on Jul 21, 2024
You need an attorney specialized in taxing and lending to evaluate your case to see if there is any misconduct going on but the bank. Then, you can sue the bank.
answered on Jul 21, 2024
You need to talk to a tax attorney to figure out it of any explanations is applicable to your case. Some of them offer free consultations.
I would like to add my fiancé to the deed of my home. Do I need a special form to file?
answered on Jul 21, 2024
No filing is required for the transfer, but it may subject you to the reassessment of the property for tax purposes. I recommend you consult with a real estate attorney.
To avoid Writ of Execution to sell his Los Angeles Condo in 2005, the co-owner attempted to transfer his 1/2 equity to his brother for an alleged $431,975. No loan, and no loan documents ever existed, just the filing for a Trust Deed on the entire condo. I contend that the 7-year statute of... View More
answered on Jul 18, 2024
Thank you for your question!
If it was a fraudulent transfer, just to shield the property, you probably can reverse the transfer. The statute of limitation of the judicial foreclosure is 3 years unless it was in installments. There is a trust deed, so you may be able to do a non-judicial... View More
Old bill from ford motor credit Turned in car about 15 yrs ago Now they are garnishing my wages. How do I stop it. ?
answered on Jul 17, 2024
You need to talk to a debt collection attorney to sell of they have obtained or renewed the judgment during the past 15 years. If they have not followed the process properly, you can stop their collection.
what happens if an estate currently improbate with mostly to sell immediately has delinquent taxes and is scheduled to be sold at a public tax auction?
answered on Jul 15, 2024
Thank you for your question!
It would stay the foreclosure after providing proof of the successors of interest that the property is going to be sold. The tax due amount will be deducted from the sale proceeds before its distribution.
This is merely a discussion of general laws and... View 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.