A real estate attorney will need to see how the title on the deed is held. Being 50% owner is not enough for a court to intervene with legal instructions as to how a property may or may not be partitioned. Real estate law is steeped in centuries of legal history - Deeds contain "magic"...Read more »
I settled back in the fall of 2021 The court order is to repair the easement and install a colvert so the water can flow back in to the drainage ditch like it before they changed it How long do i wait or do they have to do this court order before i have a letter or refile back in court
It will depend on what the court order or settlement agreement (if applicable) requires. If there is not a time set to complete the work, then it should be done within a reasonable time frame. However, most court orders will have a set time for a party to follow the court's requirements....Read more »
Until the buyer satisfies the terms of the land contract, they should NEVER be given a deed. That is the point of having a land contract. It works like an installment sales contract; only upon successful completion of all terms will the buyer satisfy the agreement and have a legal right to the...Read more »
To gavel the road. They are tearing up my yard with machinery and parking it on my land. I live in Michigan and on my deed it says my land abuts up to a private road but it runs through my land not on the edge. And in Michigan it needs to be 33 feet wide with a turn around big enough for a fire... Read more »
We would first want to know if the easement agreement was recorded. Second, the easement documents must be reviewed to see what the specified and permitted use is and how the current use of the neighbor violates that easement. Then, a legal cease and desist demand should be issued to the...Read more »
If you grandmother owned her home and died without a will, and the deed is in her name, then you will have to go through the probate process in order to have title conveyed to the 'rightful heirs." Dying without a will is called dying "intestate" and that means that...Read more »
I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property. My neighbor picks up all of twigs and branches and dumps them into my property. He claims that since the tree trunk is in my property that I need to deal with all of the mess. Is he... Read more »
He is responsible for cleaning up the branches that fall on his property. However, generally, in Michigan, when limbs of a tree hang from Party No.1's property onto Party No. 2's property; Party No. 2 may have the right to trim the limbs that extend past the property line. Debris that...Read more »
We paid 2 yrs of payments. Now it is time 51% Collateral owner to release Collateral property but only if we draw up new deed reverting property to us and any expenses incurred. Is acceptable for 51% Owner to hold our property bcus we wont drawn up docs and bear expenses
I have drafted and enforced hundreds of land contracts in my career, and I can honestly say that I have absolutely no idea what you are speaking of; the terms and conditions sound quite unique to me, and so a real estate attorney like myself would need to see a copy of the land contract provisions....Read more »
That sounds unusual and I would need to know more, but generally, a judgment for divorce or an outstanding and valid power of attorney can both work to allow the transfer of title without your signature. You can learn more about this by visiting https://provenresource.com/library-resources/
The tree grows straight on their property for 10' then takes a hard left and all branches are on our side. If we cut what is on our property, it will die. They told us they will sue us if it dies. What can we do?
Generally, in Michigan, when limbs of a tree hang from another’s property onto your property, you may have the right to trim the limbs that extend past the property line. However, two things are VERY important to know: (1) you may only trim up to the property line, and (2) you may only trim it...Read more »
You can bring a lawsuit provided that the purchase agreement allows you to do so. The legal remedies available to you are listed in the purchase agreement. Most likely, when you are dealing with a real estate investor / company, the only money that you can retain for damages is the amount of the...Read more »
Had a joint mortgage with my ex wife and 2 years ago I was bought out ($40,000) and she was supposed to refinance and put the house in her name. 2 years later, she still has not refinanced and got my name off the mortgage. Now, every time she is late, my credit is dinged and to help my credit not... Read more »
Our Son and Uncle own a home we are selling. Our Son moved away last year and we have done all the improviden improvements and upkeep. We agreed on$5000 but later told him $6000 in a text. He has since said he wants half which isn't reasonable. Can he be held to what we agreed on. He... Read more »
Generally, text between parties can be used to show agreements and understandings between them, even where there may not be a written contract or signatures. The conduct of a particular party performing certain tasks or actions in reliance upon statement made in text communications can be used by a...Read more »
I am currently renting an apartment in Michigan and am having problems with the property manager. I placed an Anti-Intrusion device over the deadbolt of my door, for added security while at home. The manager is telling me this goes against my lease agreement, as per a rule stating that locks cannot... Read more »
If the lease provisions require permission from the landlord to change the locks, then the property mgt. company can prevent the installation of new locks. If you feel that the current locks are insufficient to provide you with adequate protection, then you should consult with the property mgt....Read more »
It will depend on the occupancy clause in the purchase agreement. If the agent did not put a date for the buyer's occupancy (not good) then, generally speaking, at the very least, the seller would have 30 days to vacate from the date of closing. Thereafter, the buyer could provide a 30 day...Read more »
Your building agreement should require that the work performed by the builder be done in a workman like manner. If you are having issues with drainage or grading, you should first go to the building dept. at your municipality and see the plans that the builder filed. Then ensure that the site...Read more »
I bought a home in May of 2018. At the time of inspection, damages to the ceiling and other concerns were labeled as cosmetic damage only. Only after we purchased did we learn from a neighbor that the home was a rental house for 30 years. It was not disclosed before hand. Now, since that time we... Read more »
To prevail in a Seller Non -Disclosure Action- which is essentially a fraud action, you need to prove that the Seller intentionally made statements or omitted information designed to mislead the buyer. In other words, the Seller had to have a...Read more »
I don't see why you would need to put a lien on your home when you are selling it under a land contract. You, as the seller, should still have title in your name. The buyer needs a deed from you to do anything with it including closing on the sale of the home. Should they wish to sell the...Read more »
Your landlord has a duty to mitigate their damages. If they lease the property out immediately, then it is unlikely that they will have an action against you for back rent. They do have the right to pursue you for any material damages that you may have caused- so make sure that you timely complete...Read more »
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