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answered on May 24, 2018
If your reference to trust lands means these are land owned by the government, then there is no statute of limitations on the government's ability to eject someone using the government land prescriptively. So, you may be able to use the road as long as they will allow it but you cannot... View More
Verbal 30 day notice. Do we have to allow him to bring strangers in our house we rent. My husband is military and hasn’t received his orders but we’re being told we will be relocating also our lease isn’t up until May 31, 2018. The only way my landlord knew we are possibly relocating is... View More
answered on Apr 24, 2018
Your lease will usually address the times that a landlord may enter for specific purposes. If not, the law gives him a reasonable time and right to show the place to new tenants. A little respect on both sides will help make this go smoother. As a last resort, a judge can decide what is... View More
It was dropped off on 4/8 and trackinf shows it cashed 4/10. He did not contact us until 4/15 to claim he did not get it. He is demanding a late fee and a double payment on the next due date. He also is requesting we revise our original agreement. He has not specified the changes he wants.... View More
answered on Apr 21, 2018
Dear Potential Eviction Client: While I endorse the efforts you are making to show the Owner that the Owner endorsed the payment, in the meantime if you are able to afford it I would strongly recommend you go ahead and expedite making the payment that is being demanded (a second time, in your... View More
One party (staying party) is keeping the house and it's content, except for the other's (leaving party) personal items. Where would pictures taken, framed and hung by the leaving party party fall? As house content or personal items. The pictures and their frames can be removed from the... View More
answered on Apr 20, 2018
If these items are important to the parties, their disposition should have been detailed in the agreement. Suggestion for photos: have copies made and each gets a set.
1.5 years in mariage wife’s father deeded his house to my wife and her brother 50/50. He sold them each a 50% share for $1. We lived in the house for 1 year when she filed divorce. She quit claimed deeded the property back to her father for $1 the afternoon of the day I moved out. Can I claim... View More
answered on Apr 18, 2018
Generally, a gift of property is separate property. However, any increase in the value of that separate property is marital property, subject to an equitable division by the court (meaning a "fair" division, not necessarily an "equal " division) The court can consider the... View More
The situation is as follows:
1) Husband and Wife (A & B) are owners on a Colorado vacant land property (joint tenants)
2) A dies
3) B dies 6 months later
4) B's estate is currently going through probate in Wyoming. B did not remove A's name from the... View More
answered on Apr 16, 2018
B's son will have to open an ancillary probate in Colorado. Then he can record A's death certificate, a certified copy of the Colorado Letters and a Personal Representative deed to you. A's interest evaporates upon death and B's estate has the right to convey the estate property.
The owner of the house also set up and controlled the trust. He did not put the house back into the trust.
answered on Apr 10, 2018
If the old house was in a trust then, when the owner (actually trustee) sold it, the property moved out of the trust and to the new buyer. If you, the owner, buy a new house, then you can direct that at closing the title to the new house be made in the name of the trust. To get the new house, or... View More
They have moved to Powell Wy but keep the mountain house. They asked if we want to be co-owners with them and maintain the place as co-owners. The mountain house is paid for so we would pay them 1/2 the amount of an agreed price with an option to purchase the remaining 1/2 at a later time. How do... View More
answered on Apr 7, 2018
Dear Mountain Property Purchaser: My recommendation would be to enter into a basic and straightforward Purchase Agreement With Option, whereby you pay the 1/2 purchase price in consideration of the receipt of a Quitclaim Deed for 1/2 of the title. Best practices would be to obtain Title Insurance... View More
Land has a large amount of beetle kill. The neighboring properties are all mitigated but the bank land was not sprayed for beetles and now contains a large amount of fire fuel. Is there preliminary action that can be taken, if there is a large fire, is there any negligence on the bank's part?
answered on Apr 4, 2018
You could file an action for nuisance abatement. That suit would be filed against the bank on behalf of you, and other adjacent owners. You might try having a lawyer write a letter on your behalf first. If the bank responds to that, it would be less time consuming and less costly. Still, the... View More
he is 3 months behind, has changed his number and I have no way to get ahold of him, I sent a letter over 30 days ago and he has not answered do I have to forclose or can I just reposse and get the title back in my name
answered on Apr 3, 2018
It sounds like this was a straight sale and the property was deeded to the buyer. If title is in the buyer's name, you will have to foreclose to get it back. If you are able to contact the buyer, you may be able to get him to sign a quitclaim deed conveying the property back to you in exchange... View More
so as to speed up the process of closing and circumvent the cost of a survey for their client.
answered on Apr 1, 2018
In New York only a Professional Land Surveyor may prepare a new survey and made corners.
Does HOA have rights to royalties?
From covenants:Mineral Interest. The Board of Directors shall be given the express authority to negotiate the precise location of any exploration and production activity for minerals of any type with the City of Greeley to approve such location or, in... View More
answered on Apr 4, 2018
There is a lot to this question. The first is whether the lot owners were given the minerals to begin with. If so, then the question is whether this covenant applies to each lot. It probably does. Then, what does this covenant mean. This covenant allows the HOA to execute leases for each lot... View More
We are afraid that the city could forcefully take the home from us. We are not allowed to live in it because of the problems; but are finding it difficult coming up with the finances to get the issues resolved. We are one step away from becoming homeless.
answered on Mar 26, 2018
Dear Colorado Springs Code Violations: In order to assist, I need to make clear that while it is accurate that a Municipal Governing Body (you mention "city") has the jurisdiction to warn, issue violations, and sanction a property (you'll know when this happens as you will be served... View More
answered on Mar 18, 2018
Dear Partial Owner Real Estate Issue: An attorney would need more information to properly respond. However, generally speaking if you're inquiring about an LLC and if that LLC has a "majority vote" mechanism to authorize the sale of real property held by the LLC, then this is the... View More
High interest and more down payment than stated. Can I get my earnest money back?
answered on Mar 16, 2018
Dear Colorado Home Purchaser: If you entered into a "standard" Colorado Residential Purchase Contract, then you should have the following paragraph as part of that Contract:
"4.7.2. Buyer May Terminate. If Buyer is to pay all or any portion of the Purchase Price with Seller... View More
What is actually at risk in a lawsuit scenaria with a rental property LLC? Is there any difference if the property remains in the property owners name or the name (deed re-titled) of the LLC? Thank you
answered on Mar 30, 2018
Rental Property LLC: Your question and situation are somewhat confusing to me, but I'll endeavor to make a qualified reply.
The title owner of a property is the person/entity that has "standing" in a lawsuit. Your question does not make it clear if the Rental Property is... View More
Also should the property be titled in the LLC's name?
answered on Mar 15, 2018
Dear Colorado Rental Property Owner: there is nothing precluding the placing of multiple property titles in the same Colorado LLC, but there are several cautionary "tales": (1) a lender will not supply the owner with mortgage loan on the fifth property inside the same LLC - in other... View More
A lot of investment in high-end new condos around mine. Our condo unit is one of 110 privately owned town houses and apartments. Most owners are not residents.
answered on Mar 30, 2018
Boulder Townhouse / Condo Owner: The analysis of your question may require more information as I am reading what appears to be conflicting terminology. However, I'll make an effort to assist, while qualifying my answer. If you "own" the title to your unit, then indeed you have a... View More
for damages that occurred in 2017. Shouldn't the prior homeowner have to pay this? I knew nothing about it when purchasing. Thank you, Christine
answered on Mar 6, 2018
Dear Colorado Condo Purchaser: You've asked if your Seller "needs to pay for assessment for issues that occurred [while the Seller owned the condo unit] in 2017". There is a two-step process to answer the query. First: insofar as the Seller of a condo is required to supply you... View More
answered on Feb 22, 2018
Dear New House Buyer: Answering a question about "risk" requires a more detailed, full, set of facts upon which you are inquiring. For example, I am unclear what you understand the words "offer" and "deliver". Let's start with "Offer" - if you mean... View More
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