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There have historically been rentals but the last rental is on the market and the person who has it under contract is asking if they can continue renting it out. We, as an HOA, would like to end the rental option due to past experiences. Is this legal? We can vote as an HOA (only 25 homes) next... View More 
answered on Jan 12, 2022
Good question. In the law, there will typically be more than one right answer. However, there will always be a "best" answer too. Real property law has many moving parts - especially when addressing covenants. As there is too much to discuss here in this forum, please accept my answer... View More
answered on Jan 23, 2022
Although it is not a crime to serve process on a minor, doing so likely goes against the procedures outlined in the Georgia's Civil Practice Act. Depending on the set of circumstances involved in the case will determine what procedure needs to be followed. If the lawsuit is against a minor,... View More
my father committed suicide and my two sisters and myself are all three equally inherited the house and are on the deed but my sister refuses to give my third one of the property and she was renting it out but now she has moved into herself full time ... and at first just blowed me off and now... View More
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answered on Jan 5, 2022
You will probably have to hire a competent GA attorney to file an action for a Sale For Partition.
My dad and his wife owned a mobile home on 2 acres of land. My dad passed in 2014. The mobile home only was transferred to the wife’s daughter in 2015. My dads estate was filed with probate and only included the land. But the mobile home is still sitting on the land with the wife’s daughter... View More
answered on Jan 4, 2022
You are asking a question which can only be answered by reading through the laws of SOUTH CAROLINA. For South Carolina help you should post your question to the SC attorneys.
We are in Union county, outside the city limits of Blairsville. The subdivision covenants and restrictions were created 12/27/1990. There are 9 lots in the subdivision. 4 of which have homes on them. 3 lots just sold and are getting ready to be built on. One of the new owners claim the covenants... View More
answered on Jan 4, 2022
Your questions will be answered by through review(s) of the property's title chain(s). I suggest you call Cary Cox or the Davenport Firm or David Barrett to meet with as they are all familiar with these issues.
Someone built a house on a property adjacent to mine and fenced off a portion that would have been access to my home.
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answered on Dec 20, 2021
Hire an attorney immediately. Acquiescence and Adverse Possession are very real. You will probably need a survey, a very well written demand letter from your attorney, and possibly have to prosecute an expensive, difficult Quiet Title or similar Action.
I need to see if this person can be located
answered on Dec 16, 2021
Perhaps. You could check the land deed records and the tax assessor's office and possibly other places at your courthouse. However, you should note that as a general rule, the courthouse is not where one would go to find a person. Note, too, that a courthouse is only going to have the... View More
I want to back of this deal now and give them their money back. Purchased a house to flip in my name, worked on the deal 1 year 1/2. 2 friends wanted to flip too. I told them I had a house I had been working for for 1 1/2. The 1 friend put in $16,000 to buy the house and quiet the title. The... View More
answered on Dec 16, 2021
With a few exceptions that likely don't apply here, oral agreements are enforceable as long as you can adequately prove the elements of the contract. As such, just based on the fact that the agreement was not written would not give you the right to void the agreement. Otherwise, your rights... View More
okay say this woman and man were married but only his name was on the house deed. They divorced and he married another woman. They seperate and he gets back with previous wife. but never divorces the other woman. but him and the first wife get back together (even though he still married to the... View More
answered on Dec 7, 2021
The answer to your question is very simple. With all the respect I can muster, you MUST meet with a real estate attorney to ensure that this effort is done properly. If it isn't, you will forever regret your mistake.
What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?
answered on Nov 25, 2021
You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.
answered on Nov 17, 2021
Not sure what your question is. The general response would be that you must pay to stay or vacate.
answered on Nov 17, 2021
YOU WILL NEED TO MEET WITH A REAL ESTATE ATTORNEY IN YOUR AREA TO DISCUSS THIS. DEPENDING ON THE CIRCUMSTANCES, THERE MAY A QUICKER WAY TO DO THIS OR NOT. IF NOT, YOU WILL NEED TO FILE A QUIET TITLE ACTION (BILL QUIA TIMET - IF YOU WANT TO LOOK IT UP). YOU WILL NOT BE ABLE TO COMPLETE THIS BY... View More
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answered on Nov 15, 2021
Hire a GA attorney to conduct a title search. Either one of the owners' Heirs are the owner or each Decedents' Heirs spilt one-half Undivided Interests as Tenants In Common. You have not stated the facts or the Estate granted.
We had to stop our neighbor from digging a trench to drain the sewage from their home into our intermittent creek. Our question is, what can the county do about a situation such as this one? Can they condemn the home if the owner refuses to find a way to control the sewage coming from his home.
answered on Oct 27, 2021
Your time might be better spent by contacting the Georgia Department of Natural Resources to report this matter; the Environmental Protection Division (EPD) in particular. It is usually taken as a serious matter.
I purchased a home with a renovated kitchen that was not done correctly. The kitchen island is too big (about 2-3 times larger than a normal one) and it's causing the kitchen floor to sag and dip. There was no permit on file when I checked recently. However, the disclosure agreement the seller... View More
answered on Oct 27, 2021
On any given day, any person can sue another person for any reason. That said, it says nothing about being successful in the lawsuit. You should meet with an attorney who can review your documents and ask additional questions. Only after that can you expect a viable response.
I am the clerk of Zion Hill Baptist Church, located in Georgia. Back in February 2021, the pastor, who lives in Alabama, called the Superior Court clerk's office, in Ga., and asked that a copy of the deed be mailed to him in Alabama. There are only (2) living deacons left in our church, but... View More
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answered on Oct 13, 2021
A Church Deacon is not an entity that can own real property. Trustees of the Church usually own it. Even if the present Deed uses that term for the grantees, it is incorrect.
The Church's Deacons can also be Trustees with legal ownership but for the equitable benefit of the Church... View More
Two weeks after applying for the loan and they got a better offer and now kicking us out
answered on Oct 13, 2021
Contracts for the sale of land MUST be in writing before they are enforceable. (Research Statute of Frauds). This is just one of the reasons they might be allowed to do what they do and/or have done.
Neighbor doesn't like the results of my survey and has removed the stakes on numerous occasions.
answered on Oct 1, 2021
No. GA law actually lists this action as a criminal act.
§ 44-1-15. Removal or destruction of survey monuments prohibited; exceptions; penalties
(a) As used in this Code section, the term:
(1) deleted by attorney as not relevant...
(2) "Property corner... View More
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answered on Sep 22, 2021
You might consider an action for a Sale For Partition.
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