There has been an unauthorized easement to my property for over 85 yrs. Ive only owned the property for 6 yrs. The path is the only way to get to my driveway or i have to park on the road. However, parking my vehicles on the road will block my neighbors driveways. The city road is only wide enough... View More
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.
If I have tenants thats lease has expired (expired in may) and they are now month to month can I give them a 30 day notice to vacate since they aren’t willing to sign a new lease? They have been behind on rent the last 4 months on their month to month but recently got caught up.
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.
We went under contract in a competitive bidding situation 6 days ago. An earnest money deposit of $10k was agreed and the only meaningful contingency was obtaining a satisfactory home inspection. Contract language proposed by and agreed with buyers for the contingency clause considers only those... View More
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
Paid the seller 6 thousand dollars within the 90 days the information was held from the judge that it was paid and he granted a forfiture . The seller contacted the buyer and said he wanted to be done and he wanted 20,500.00 to keep the home pay off the contract .so we signed agreement to do... 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
Original sellers passed away and the person is seeing hand written notes saying I missed 4 pymts. can changes be made like that without a new contract or signatures? Original contract ends in April they changed it to August but I'm paying it off early
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
Father was advised to receive permission from X-wife as children's representative to bury the son. Then x-wife was told she needed to get permission from deceased son's father to be in charge of the probate process. Why would Father need permission to bury from x-wife then x-wife need... 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
Was recently made aware I am one of the tenants in common with my siblings on my deceased grandmother's 47 acre land. I would like to move onto the land but one of the tenants in common said I cannot with out approval from all the tenants in common. Is this true?
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
I rent, partly because I can't live with her and moved out due to her verbal abuse. The plan of my other siblings was I'd eventually live with her somewhere else to be paid off when the house is sold, as I'm not in a great financial situation. I've been paying rent over a few... 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
I had my property demolished recently and post demolition the contractor is asking for more money than the agreed amount stating that the city inspections had them fix the approach to garage as it was broken. We had gone back and forth over emails and texts as whose fault its, with... 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
I bought a property in Mount Clemens MI and the seller intentionally left behind garbage and some personal belongings, spoke with the seller to come pickup his items and he didn't respond . I told him he has a week to get his stuff out of my house and he never showed up. What can be done next,... 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
Rained a week after buying, 3’ round puddle formed in basement tried contacting seller to resolve issue they refused to talk. We did forgo building inspection but they lied in seller agreement. Talking to lawyer planing on suing seller to buy home back or pay for flood repair in basement. Is it... 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
I have encountered a situation where the seller of the property I am purchasing is unable to proceed with the closing due to financial circumstances. Sellers had already accepted the offer, I completed the appraisal, and the closing is scheduled for next week. What are my rights in this situation,... 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
My easement is a 60 foot wide, private easement for the purposes of ingress and egress and public and private utilities. It goes through my neighbors property back to mine. He currently has a greenhouse, chicken coop, shed that he has put within a few feet of the driveway Over the past couple of... 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
Mother in law gifted wife a property on 2020, 10 acres. MIL wanted it only in wife's name, which we agreed to at the time to avoid conflict.(we have been married since 2009) . We are finally building on it, and wife and I want to make the property a tenants by entirety, with both our names. I... 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
My brother states he receives not only the physical home and land from my mother but all personal property inside the he as well. One clean swoop. Is this true? The personal items are worth as much as the physical property . Michigan. Warranty deed. Thank you
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
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.