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I'm being accused by a neighbor in Idaho of having a nuisance tree that causes inconvenience due to leaves and twigs falling onto their property. Despite pruning, trimming, and removing deadwood from the tree, the neighbor demands its removal. The issue has persisted for six months, and the... View More 
I'm experiencing general inconvenience from leaves and twigs falling onto my property from my neighbor's tree. What case law or legal remedies should I consider when dealing with this nuisance?
I purchased a home with my parents in 2018, splitting the down payment equally. Since the purchase, I've been solely responsible for all mortgage payments, HOA fees, and utility bills. Despite trying to repay my parents for their portion of the down payment, they have been unresponsive. They... View More
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answered on Feb 19, 2025
No... You are paying off someone else's note. Owners could take possession from you. Try to buy it from them subject to the secured note and mortgage. But you will need the lender to okay you becoming the liable party. A refinance and purchase might be in order.
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answered on Sep 27, 2024
When your dad built a house on someone else’s property, it complicates matters legally. The key issue here is that the land belongs to someone else, and ownership of a house generally follows ownership of the land it’s built on. Unless there is a specific agreement or legal documentation that... View More
I would rather not officially split and subdivide the property. I would like to keep the whole piece in tact yet give my kids who would like to build on the property actual ownership. They also do not want to spend money to build without having ownership.
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answered on Sep 5, 2024
If descendants want to own land then you will have to survey it into multiple tracts. Then hire a very competent lawyer to draft future interest deeds for each tract. Ask him to explain various estates, like: life estate remainder; contingent remainder; executory interests; reverter; and... View More
I need to clear a land deed, evidently the only way to do that is to allow it to go up for auction for back taxes and then bid on it myself. I want to find out if this is true, etc.
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answered on Jul 5, 2024
Hire an ID attorney to search the title and advise how to clear title. If it goes to a tax sale you will need him to get you a deed or make a redemption. Sometimes tax sales do not help you either.
he was asked to leave and he kept asking who was there if they were in campers and he was not answered then a week later the house that my friends had a lease on all sudden there was ppl saying it was condemned and then boreded it up the person with the lease presented the lease they gave her 2... View More
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answered on Jul 27, 2024
It sounds like you're in a difficult situation. The authorities' actions can feel abrupt and confusing, especially when there seems to be a verbal agreement and a lease in play. From your description, it appears the property may have been condemned due to safety concerns, which can lead... View More
The HOA Board thinks that the HOA Board authority to make any rule if the CC&R says they can make rules. I think it means that the rule they are trying to enforce has to be in the CC&R
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answered on May 22, 2023
I am not licensed in your state but I read Idaho Code IC 55-3206(1) and I believe, in essence, it says that if someone is part of a homeowner's association (HOA) in Idaho the HOA cannot fine them unless their ability to do so is clearly written into the Covenants & Restrictions. And, if... View More
Need to transfer real estate from intestate decedant to the Estate per Personal Representative
answered on Mar 30, 2023
In about 1976, the Idaho Legislature adopted the Uniform Probate Code. It is called a "uniform code" because all 50 states adopted it in some way or another. If you are the eldest son or the surviving descendent, what you'll need to do is to file for a "Small Estate... View More
CC&R Declarant had 'Pending' sale contract but defaulted to another buyer. No reference to original owner (grantor) knowing of CC&R's placed nor 2nd Buyer (dissolved 'Pending' sale agreement). If Title not 'conveyed' and no 'power of attorney'... can these CC&R's be legal?
answered on Mar 30, 2023
Yes. The CC&R's are not dependent upon any, individual sales of the subdivision which is subject to the CC&R's.
Now that he's been convicted and incarcerated, do I need a lawyer to get a release or can I do this myself ?
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answered on Mar 2, 2023
Contact the Court Clerk that you put up as the Beneficiary of the Bond. If you made a private mortgage, then you can ask the mortgagee to release, but it may cost you money. Sometimes a Declaratory Judgment Action is needed to remove the Lien.
a water meter installed a few months after they took over. The installer took my heat tape off the water pipe. Last week the installed assembly froze, now the land lord want's me to pay for the repair. The installer did not do quality work as relaiyed to me by the repairing plummer.
answered on Dec 28, 2022
The Idaho law on landlord/lessor law is that the lessor must provide you with water, power and heat. If the new owner wants to do away with the internet due to whatever reason, that's his prerogative. You should speak to the new park manager and document the damage to the assembly and ask... View More
I say purchase price plus equity/ % of contribution to down plus down is equitable
answered on Dec 10, 2022
Idaho has NO MORE common law marriages. Those were abolished more than 10 years ago. So this is more simple that community property law principles or even old, common law principles. Essentially you have a joint ownership situation. The departing partner is absolutely correct. He is owed 50% of... View More
We sold our home March 2021. We approached the realtor who sold us our home about selling it. We told her the amount we needed to make from it and if she couldn't then we would go another route. She assured us she could. Here is the problem, she neglected to write in our contract that if the... View More
answered on Jan 2, 2023
You are correct in assuming that it IS your written "Listing Agreement," which governs the outcome of your lawsuit. You are unfortunate also, as because you are limited to the "written document," between you and the RE Agent, you will NOT be permitted to offer testimony on what... View More
Neighboring owner is selling us 4.6 acres that attaches to our property.
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answered on Nov 23, 2022
If there is a Lien against the real property, then it remains despite any number of conveyances. It is not released because the lot becomes part of a larger tract.
We have a contingency that says, "The sale is contingent upon the seller entering into a contract to purchase a replacement property within 15 calendar days." This was on 10/31/22. Our agent is now saying we must terminate and pay 3% to seller and 3% to buyer. However, isn't this why... View More
answered on Nov 14, 2022
Your agent appears to be relying on a listing agreement that calls for her to be paid her commission even if the buyer she found is precluded from closing due to the contingency in the purchase contract. So there are two different contracts at issue. One is the "listing agreement" with... View More
Over nine months ago. Now I guess my adjuster quit and they closed my file even though my contractor was communicating back and forth with the adjuster that quit and they want to start over from square one and send a new adjuster over to evaluate the damage. Isn’t there a time limit on how long... View More
answered on Oct 24, 2022
"Bad faith," 2 words that lawyers enjoy bantering about and insurance companies loathe hearing. But, in Idaho, to show "bad faith," you must show that the insurance company's payment or treatment was "intentional" or based on gross negligence. Courts are fair... View More
I am trying to open and in home daycare. I have been approved to apply and just waiting for background check clearance and the inspections. I have also spoke with my city/county about local compliance and within my city and zoning I am permitted to run a family/group daycare residentially and... View More
answered on Oct 24, 2022
The short answer is "NO." If you will permit me to diverge. Idaho Law permits weapons to be carried without a permit, openly. A HOA might want to limit when patrons could carry weapons around. This would be an HOA decision. HOA or Home Owners' Associations, are throwbacks from... View More
I believe they are not assessing dues properly, misappropriating funds, in breach of contract for performance, and paying a bookkeeper that is incompetent inflated and unreported compensation.
answered on Oct 11, 2022
I really enjoy questions like this because I champion the rights of home owners in an HOA. An HOA is kind of like being in the mafia, but instead of being a "soldier," treated with some respect, you're treated with disrespect and ridicule. You should get a copy of the HOA's... View More
My step sister and I inherited a home (50/50) from our father, I want to sell my half. She lives in the home. She agrees with selling, but it's 2 years now and hasn't done anything moving forward. I just want my share of inheritance. What are my options?
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answered on Mar 14, 2022
Hire a competent ID attorney to do one or the other: draft a Deed with proper Derivation of Title Clause and you sell your tenancy in common interest for an agreed price actually paid over; or file suit for a Partition Sale.
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