In general, if the nature of the easement is to provide a permanent benefit to/for other property owned by the Seller, the easement would be considered "appurtenant" to the other property, and the benefit of the easement would transfer with the transfer of title to the other property.... View More

I'm afraid that the information you have given doesn't answer all the questions an attorney will need to ask to figure this out. What I can tell you is that a Power of Attorney is void as to the person who gave that power but is now dead. Also a Power of Attorney may be void as to a... View More

There is no such thing as a survey being impossible. Get a surveyor and work out the boundaries of your lot using your legal description in your deed and the maps filed with the county. A surveyor can file a new map with the county if the old map is wrong.

Land surveys sometimes have to... View More

A professional surveyor can survey the property and place markers to show where the boundary lines are. The legal description as currently written may or may not be correct. If it is correct then creating physical markers to show where the boundary lines are will alleviate you and your neighbor... View More

If there are two legal owners on the title to real estate the property cannot be sold until both owners agree to the sale. Your other recitals raise some legal questions about whether your step mom used undue influence to obtain her share of the property. You will need to go an talk to an... View More

Merely being there for ten or more years does not automatically transfer ownership under the doctrine of adverse possession, or create an easement (by prescription). However, I think there is a good chance you do have a prescriptive easement. I suggest you see a real estate attorney, who can... View More

I really don't understand the situation, but be aware:

1. The Oregon Statute of Frauds requires that an agreement to buy or sell property must be in writing and signed by the party to be bound.

2. In a rather interesting case, the Courts in Oregon determined that an agreement... View More

You need an attorney...to draw up an agreement and make certain all are in agreement. It appears you are going to leave the property in the trust and are simply modifying the trust. It may be possible to modify the trust based on the written agreement of all the parties, but in some cases it can... View More

It is not clear whether you are just a co-tenant/roommate or a landlord either leasing to them or subletting to them. Regardless, anything more than a month to month tenancy requires a written rental agreement, specifying the term of the lease, etc., signed by the tenant's sought to be bound... View More

It takes 10 years to gain title by adverse possession, and even then an adverse possession claim requires the presence of certain elements; mere occupancy is not sufficient. See a lawyer. He or she can advise you as to the strength or weakness of the neighbor's claims, and what remedies are... View More

I am not clear on your situation. A landlord may serve you with a 90 day no cause termination of tenancy notice so long as by the time it becomes effective (i.e. day 90 or later) you are on a month to month tenancy. A landlord may not terminate a fixed-term lease early with any form of no cause... View More

Most listing agreements have an expiration date. Can't you just wait until the agreement expires and hire someone else? Why would you owe them any money unless they brought you and offer that was at the agreed asking price? I would take the contract to a lawyer because no one is really... View More

IF there is to be an early termination fee, then it MUST be a fixed term lease and not a month to month. Fixed term leases MUST be in writing, signed by the parties. Only month to month tenancies can be by verbal agreement alone. Now you may still have problems with unhappy tenant(s) and it is a... View More

You should have been at least listed on the lease as permitted occupants - but that is behind you now. As long as they accepted rent for 3 or more months knowing you were there, they likely have waived their right to terminate your son's lease or evict you directly. However you don't... View More

I am not clear about your situation but if you've been given a 90 day no cause termination of tenancy notice, you must be on (or will be by then) a month to month tenancy. If true, there IS no early termination penalty. If you want to vacate sooner, though, like any other time a tenant ends a... View More

This is really not a do it yourself project. There are some very definite requirements in order to effect a forfeiture under a land sale contract or to foreclose. I always start by getting a foreclosure guarantee from a title company so I can know who may have or claim an adverse interest in the... View More

This isn't something that can be figured out on line. You will need to talk to an attorney and your action will either be against this landlord if he survives or his estate. It is probably going to be very messy. If he dies you will have to make a claim against his estate and get in line... View More

Title reports are issued so that a buyer can determine whether the condition of title is satisfactory, and gives the buyer a certain amount of time in which to object to the condition of title (including things like CC&R's which create an HOA). If everyone agrees that you can terminate... View More

I am not sure what your legal question is. The appraisal at a given point in time has nothing to do with the value at any other point it time. An appraiser is supposed to give you their professional opinion of a value of real estate on a certain date. You can always testify and give your opinion... View More

Your post is confusing because you talk about inheriting property then switch to talking about something being torn down at the "buyers" expense. So somehow there are two pieces of property and a Well on one property and the adjacent property has "well rights" of some sort.... View More