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Connecticut Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Land Use & Zoning for Connecticut on
Q: If private HOA votes to become a tax district in Conn S326-7 & dissolves the private co do deed covenants dissolve too?

Our lake is a part of a Lake District in our town. It used to be a private association. In 1982 the company that developed and then oversaw the district dissolved when the residents voted under statute 326 to become a Tax District and specifically a flood and erosion control district. For many... View More

0 Answers | Asked in Foreclosure and Real Estate Law for Connecticut on
Q: My cooperative association is trying to foreclose on my house for bills related to association's CC&R in connecticut.

The association changed the bills so I have to pay for tree maintenance.

They changed the bill from tree maintenance to landscaping. How can i fight the bill?

1 Answer | Asked in Real Estate Law and Tax Law for Connecticut on
Q: I am due to inherit land in PR and I live in CT. What will my tax/legal responsibilities be not being a resident of PR?
T. Augustus Claus
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answered on Jan 19, 2024

As a resident of Connecticut inheriting land in Puerto Rico, your tax and legal responsibilities may involve considerations in both jurisdictions. Inheritance tax laws vary, and Puerto Rico, as a U.S. territory, has its own tax regulations. Generally, Puerto Rico does not impose a state or federal... View More

Q: Can a town claim a resident owns a brook that runs 4 miles through town if it’s connected to a state park?

We want to appeal this as the brook is connected to another road and we are being charged property tax on the brook and the land on the other side connected to another street. We were forced to purchase flood insurance and the trees that run along this water source are beginning to fall which could... View More

Anthony M. Avery
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answered on Jan 8, 2024

Start looking into this by hiring a CT attorney to search your title, and possibly some upstream/downstream properties. If you are being assessed for something you do not own, complain to the tax authority for the

County.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: I am an owner in a Condo complex that just voted on a 8.5% increase. It was given during the holidays, 7 days to respond

3 different dates to respond. When I ask to see the votes they denied me. Is this legal in Connecticut.

James L. Arrasmith
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answered on Jan 4, 2024

In Connecticut, the laws governing condominium associations typically require a certain level of transparency and fairness in decision-making processes, including voting on fee increases. It's important for condo associations to follow their own bylaws as well as state regulations regarding... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Connecticut on
Q: The property is in my name and my mom has life use what are my rights with the property

she pays the bills and taxes. i tried going mudding in the woods and brought some friends she flipped out because i was disrespectful. she banned my friends from coming over so i wanna know if she had the right to do that

Anthony M. Avery
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answered on Dec 20, 2023

Without searching the title, I assume you have the remainder and Mother the life estate. If so your estate does not vest in possession until her death. You cannot enjoy the property until then. If she damages the property, you might sue her for damages/waste. Usually the life tenant pays... View More

1 Answer | Asked in Bankruptcy, Business Law, Contracts and Real Estate Law for Connecticut on
Q: I’m looking to buy a lease-to-own building for $3MM. My concern is, what if the seller files bankruptcy during my lease?
Timothy Denison
Timothy Denison
answered on Aug 25, 2022

He could reject the lease and get out of it if he files bankruptcy. A mortgage and ownership vested in you is a much safer plan.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Connecticut on
Q: Tenant has denied entry for a mortgage inspection. I have provided advanced written notice. What should I do?

I have provided multiple written notices to enter a week in advance. The tenant continuously wants to reschedule. I cannot keep rescheduling with the bank. Not sure what to do at this point.

Anthony M. Avery
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answered on Sep 29, 2021

Hire a competent CT attorney to file an eviction action to recover possession.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Mortgage is in my name but my name and boyfriend names on deed. If I sell house is he entitled to any money?
Anthony M. Avery
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answered on Aug 17, 2021

Whatever proceeds you agree to share with him is your decision. But apparently he owns the exact estate that you do, and without his signature, there will be no conveyance. Your paying the Note is irrelevant.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: I have been in my home for 20 years. A new neighbor has decided to remove stones from a deviding wall. He built a pallet

structure on it. I have asked them to remove it and replace the wall. I am just ignored. What can I do. Vince Cleri

Anthony M. Avery
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answered on Jul 26, 2021

You will need a boundary line survey to prove you own all or most of the wall, with the surveyor available as a witness. Then you sue the adjoining owner for trespass, tort damages and possible conversion of the stones. Hopefully you will not need a Boundary Dispute Action. All of this is... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Connecticut on
Q: My neighbor built a 10-ft fence wall on their property 8 inches from the border line. I moved into my house 13 years ago

and the fence was already there. I have been maintaining neighbor's 8-in property since then. I recently built a fence that joins my neighbor's fence for my dog. I installed new poles close to the old fence so my fence does not touch my neighbor's. My neighbor is asking me to move my... View More

Anthony M. Avery
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answered on Jul 16, 2021

The Boundary Line is probably established by Acquiesence. Hire a CT attorney to search both titles and determine the common boundary line of record. Be prepared to defend your title on Acquiesence if he sues you.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Connecticut on
Q: Connecticut residential lease- tenant signing and their attorney as trustee

i am the owner of a single family home that I am renting- A tenant is renting from me and has signed a lease with her attorney co signing as trustee (the attorney manages the tenants trust fund)- Does that mean the attorney is legally responsible if rent is not paid or home is damaged etc? i.e.-... View More

Christopher H. McCormick
Christopher H. McCormick
answered on Jan 29, 2021

The attorney is signing in his capacity as trustee of the trust so he is not personally responsible the trust is. If you had to pursue the trust for payment you would name the attorney as trustee as defendant in a collection suit to obtain a judgment against the trust.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Connecticut residential lease holdover- Do the terms of the expired lease carry over into a month-to-month tenancy?

I have a residential tenant and their lease is expiring. If they want to go month to month and we don't sign a new lease- Do the terms of the expired lease carry over into a month-to-month tenancy?

Christopher H. McCormick
Christopher H. McCormick
answered on Jan 29, 2021

A standard clause of most written leases provides that the terms of the written lease continue if the tenant holds over as a month to month lease. Check your lease to look for this clause.

1 Answer | Asked in Probate and Real Estate Law for Connecticut on
Q: Is there a minimum deposit amt when purchasing a probate home in CT? I believe in some states it is 10%, does this apply

When purchasing a probate home in CT, is there a minimum deposit amount required? I believe some states require a 10% deposit, is this true for CT as well?

Matthew A. Wiley
Matthew A. Wiley
answered on Sep 28, 2020

No. There is no law regarding the size of a deposit. There are quite a few factors that go into buying a home and identifying the deposit amount. Speak with your realtor or speak with a real estate attorney. Many attorneys (my firm included) like to speak to real estate clients early in the process... View More

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Connecticut on
Q: Can a town arbitrarily use a residential area street to access a hiking trail thru and around a wetlands for general

public use. The town proposes to use a residential culdesac for parking and public access to the trail site in the wetlands which is surrounded by residential homes.

The neighborhood has no outlet thru streets all traffic must leave the same way it came in by turning around either in a... View More

Tim Akpinar
Tim Akpinar
answered on Jul 15, 2020

This is something a Connecticut attorney is best qualified to advise on, but your post remains open for four weeks. As a GENERAL matter, the use of land for a given purpose could sometimes result in various types of studies (traffic, noise, air quality, etc.) to assess the environmental impact on a... View More

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Hello, I am filing a quitclaim deed for my wife to include her on our home.

What is the ct. exemption code under Conn. Gen. Stat. 12-498

John B. Hudak
John B. Hudak
answered on Jun 3, 2020

The question is a little unclear.

Likely you are filling out the conveyance tax form. Download the instructions for the conveyance tax form, from the same website you downloaded the conveyance tax form. The instruction form will give instructions for each line and likely answer your...
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1 Answer | Asked in Real Estate Law for Connecticut on
Q: My mom and died 8 months apart, the House was in both their names. My mom hand wrote a will specifying my brothers

Could live in home as long as they want, then sisters,also heirs could sell house. It’s going through probate, now the state of Connecticut sees three heirs that owe money, $80,000,14,000,,12,000,they told my brother they want house sold to get the money. What can we do to avoid paying these... View More

Anthony M. Avery
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answered on May 20, 2020

Your problem lies with filing for Probate. That was not required. Hire a competent attorney to see if the Probate Proceeding can be Dismissed, which is doubtful.

1 Answer | Asked in Bankruptcy, Estate Planning and Real Estate Law for Connecticut on
Q: Ex spouse died .i as the ex husband have name in title and deed if home .no will .no one has come forward to claim.

I want to walk away from this problem bcuz i cannot pay the mortgage.can i walk away from this home?the house cant get sold because she died without will .i just want to walk away and not deal with this .what are my options.

Timothy Denison
Timothy Denison
answered on May 8, 2020

Quitclaim then house to the mortgage holder and walk away.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: If I purchase a plot of land with debt on it, can I be responsible for this debt?

I’m buying a small plot of land for a very cheap price, I’m looking to see if there is some sort of catch that can cause me financial burden

Anthony M. Avery
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answered on Apr 30, 2020

If the real property is just deeded to you, then you take the tract subject to whatever encumbrances are on it. But as long as you do not assume or guarantee any debts on the plot, then those encumbrances are only against the land and are not your personal obligation. However any liens, taxes,... View More

2 Answers | Asked in Real Estate Law and Probate for Connecticut on
Q: ex wife died .no will .divorced .my name on the title and deed to home.she has older children that never lived with us .

do i have sole ownership as tenant in common?

Nina Whitehurst
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answered on Apr 27, 2020

If you were awarded the home in the divorce, then you would be the sole owner. If she was awarded the home in the divorce, then her estate is now the sole owner. If the divorce ordered you two to own the home 50/50 after divorce, then yes. The home will need to be probated and the probate court... View More

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