Sounds as if you don't agree with the easement, however, you can block the driveway and do whatever you legally wish, etc., The other parties who wish to use the easement will need to legally challenge your denial of permission to use the driveway. Otherwise, there is no issue until raised.

Yes. You can provide the tenants with a 30 day Notice to Quit once the lease has expired. Generally speaking, and barring any provision to the contrary that makes the lease automatically renewable, upon the expiration of an annual lease, the lease becomes a month to month lease.

A real estate attorney needs to see the purchase agreement to confirm, but in general, if a contingency date is not met or if a provision is not followed in accordance with the purchase agreement, you may be able to keep the prospective buyer's EMD. This can be highly contentious and it is... View More

First, if the land contract seller's stated balance of the amount due is not accurate in their complaint, then you should have raised the discrepancy at the time of the hearing. The time to do this is not after the judgment is entered. However, while you may be able to go back to the court and... View More

The language related to "sole survivor" most likely relates to the actual conveyance language and how the grantor conveys their legal interest to the grantee. This is sometimes called "vesting language." Deeds do have "magic' language in them and what the deed says... View More

If you missed the payments, would you rather that the LC seller call your land contract due and start a forfeiture, or have them extend out the land contract for the additonal 4 months to allow you to pay on the contract as initially anticipated? Depending on the provisions in the land contract,... View More

Generally speaking, the ex- spouse has no authority to do anything related to funeral arrangements for the 'son' unless the deceased son left a will stating otherwise. The father or parents have the rights and authority to conduct funeral arrangements for his son. If the funeral home... View More

When parties are co-owners of a home or any other piece of property, and the parties are not married then any issues related to real estate are addressed and resolved under legal theories and remedies concerning contract law. Only a family law judge can order parties who are married to sell a... View More

Holding title as tenants in common means that each party on the deed has a right to an equal or unequal undivided ownership to property. It also means that if one of the owners dies, their share is conveyed to their heirs, not the other owners who are still alive. Based upon the facts as you... View More

Generally, it is is not difficult to find out if a home is included in the assets of one's probate estate. If the house was part of the estate (left in the will) then the personal representative may have the authority to collect rent while a related person is living in the home during the... View More

An attorney would need to review your current work order agreement with the contractor. Generally speaking, a licensed contractor has a legal remedy for when they are not paid on a particular project - they can record a construction lien on the underlying property, and, if payment is not... View More

Generally, most purchase agreements call for the seller to leave their property 'broom swept." If you made several attempts to contact the seller either directly or through their real estate sales agent, you shouldn't have to do any more for them. If it were me, I would give them... View More

Because your mother has not been named on the deed, she still may have rights under a will to take the property, or she still may have the opportunity to take the property pursuant to filing a probate action since your father passed intestate. A real estate or probate attorney will still need to... View More

We do our fair share of litigation in Seller Bad Faith. Even if you choose to waive an inspection, if you relied upon the Seller's Disclosure and can prove that the Seller knowingly disregarded the truth when they completed the disclosure statement, you may have a case. There is a high burden... View More

Good question. These items that you wish to have, such as a non-compete or a non-circumvention agreement, are documents that should really be agreed to up front at the time you and your partner did your initial business deal - so PRIOR to the actual dissolution of a company and not during a... View More

Your legal rights against the seller's breach will depend on what the provisions in the purchase agreement say as to the available legal 'remedies" that you have against the seller. A poor purchase agreement may only require that the seller return your earnest money deposit to you... View More

Generally speaking, the owner of the easement is responsible for keeping the easement in good condition. The owner of the dominant estate is the one who has an easement over another landowner's land. The proprietor of the servient estate is a landowner whose property is traversed by an... View More

To create a joint tenancy the parties must hold an undivided right to possession and have equal ownership interests. Joint tenants must acquire their interest at the same time and they must acquire their interest by the same instrument of conveyance (deed). Our real estate law is rooted in... View More

Generally, a warranty deed is a form of deed that provides an unlimited warranty of title. The grantor guarantees that tthey have good and marketable title to a subject property. It is important to know that the warranty is not limited to the time that the current owner owned the property. It... View More

It depends if your brother will deed the property back to your mother. Based upon your facts, he has an interest in the property now. Deeds are contracts and have legal implications. You need to have a real estate attorney first review the deed you mentioned and then, if necessary, draft the... View More