Get free answers to your Real Estate Law legal questions from lawyers in your area.
A neighbors 87 year old Myrtle tree fell in our yard causing substantial damage to out structures pulling out all services within the home. We have been in a hotel for 3 weeks. The tree lays 85 x 50 x 40 feet high across 2 of our lots. The cost to remove the canopy was $10,500 with an additional... View More 
answered on Apr 26, 2017
Call your home owner's insurance and let them take care of it. If your neighbor sues you they will defend you. Just pay your deductible. I think your neighbor is responsible for the tree falling on your house. A property owner needs to inspect trees and make sue they are stable. (I... View More
i own property free and clear so am carrying contract...creditors are going after buyer and wanting to put lien on property...when i repossess will that lien be transferred to me and i'll be responsible for paying when i resell....???
answered on Apr 21, 2017
It really depends on the terms of your land sales contract and whether the contract and other related real estate documents were properly recorded to reflect what your interest is in the land. You are going to need to take your documents to an attorney and get a legal opinion. The basic legal... View More
My mother and her husband have stock investments which they keep separate. Her husband also owns the home they live in. Her name is not on the title. In my mothers will she has left her estate to all 4 of her children. Her husbands will states that my mother gets his investments and the house. It... View More
answered on Apr 19, 2017
There is no estate until someone dies. Your question does not explain if one or both people have died nor does it state who died first. If both people are alive you won't be able to figure this out because either person could change their current plans or they could get divorce. If you are... View More
My mother's husband left her the home they lived in as well as some stocks. When she sells the house is the money from the sale still part of his estate or does it become part of her estate.
answered on Apr 19, 2017
If it was left to her then she now should own it free and clear and is free to treat the house or the proceeds of the sale as 100% her property. What you really need to find out is whether she actually did end up owning the house 100%. But it is likely this was the case if the house was titled... View More
Net profit on sale of my home about $90K
answered on Apr 15, 2017
I think what you are really asking about are the legal implications. As a lawyer my concern would be how you protect your investment in the new ADU unless you have some type of ownership in the real estate that it is sitting on. This would make the situation very complicated because you are... View More
My parents put my sisters and my name on the title to their house. My sister pressed them to make her admin on the will, but other than the house most items have been resolved since they were very careful and explicit. My sister has refused to provide me with access to the house and now wants me... View More
answered on Apr 4, 2017
I would need to know all the facts before I could be sure I am advising you correctly. It sounds like you are at least a part owner and entitled to a key to the house. My concern, and why I want to know all facts, is I want to rule out whether your name was added for some other reason besides to... View More
There are 5 trees growing through our fence and over our yard, showering it with small branches and pine cones.
answered on Mar 30, 2017
You can trim any trees or bushes overhanging your property. You just have to make sure you do it in a way that the tree or bush isn't harmed. If you kill the tree of bush you may have to pay to replace it. I always call a professional arborist to do major trimming, especially stuff that is... View More
answered on Mar 20, 2017
Generally no. There is a federal law that allows you to cancel a contract if it was due to a door to door salesman. http://www.nolo.com/legal-encyclopedia/question-cancel-contract-three-days-28073.html In other situations, you may have a right to cancel a contract in a certain time period if the... View More
answered on Mar 15, 2017
Your parent's estate may be subject to probate if your parent owned assets in his/her own name at the time of his/her death, and there is no joint owner nor any named beneficiary on your parent's account. Examples include a home in your parent's name alone, or a bank account in your... View More
She has a medical problem which may become expensive and is not fully insured. Is my equity (and hers) vulnerable, even if they wait until the sale of the house?
answered on Mar 15, 2017
If health care providers file suit and obtain a judgment against your sister, the judgment becomes a lien on any real property owned by your sister in the county where the judgment was entered. Generally, claims of creditors will attach only to the debtor's interest in the property, not to... View More
My wife owes nothing to the Oregon Dept of Revenue. We file separately. Upon the sale of the house, can the Dept of Revenue take money that I owe out of my wifes share of the proceeds from the sale ? A distraint warrant has been filed previously against me ONLY.
answered on Mar 3, 2017
Technically your assets and your wife's assets are treated separately for purposes of any creditor owed money. Only the assets of the debtor are subject to the debts of the debtor. So, provided that your wife did not sign a joint return, your wife should be able to argue that her share of... View More
Police served court notice stating tenancy not covered by ors chapter 90 and that I'm squatting which I'm not I have the deed and all utilities are active also has dwelling
answered on Feb 24, 2017
You will need to make an appointment with an attorney to discuss this in great detail. Just not possible to answer with the limited information you have given.
us easier when she died. But she ended up having to move into semi-assisted living, and now we are looking at huge capital gains taxes when we sell. She will need all the money for her housing, so is there any way to take our names back off the deed so she can keep all the money?
answered on Feb 27, 2017
You should contact an attorney with experience in estate planning. Your mother may be eligible for Medicaid if she hasn't owned the home for 20 years. Capital gains taxes can be reduced if the home is one's primary residence. Before transferring the home back into your mother's... View More
mother/daughter now co-owners
answered on Feb 27, 2017
It is legal but not very wise. If your mother dies before you, you will receive the home and you may have to pay capital gains taxes on the full sale price if you sell the home after your mother's death. There are other serious pitfalls of naming a child as co-owner of the property. I... View More
My current lease does not have a clause stating what would happen if the home is sold.
answered on May 17, 2017
Normally your lease continues on as before with you just paying your rent to a new, different landlord. If it is a fixed term lease, then yes, absolutely it continues on. If you are on a month to month, it still continues, under the exact same terms except who you pay rent to, unless and until... View More
In particular, when the tenant is evicted (no cause), and the buyer will be an owner/occupier. My understanding is that the Oregon statute requires only a 30-day notice in this situation. I have lived at the property for three years and one month. First two years I had a lease. The last 13 months... View More
answered on Feb 12, 2017
This is a very new law and I haven't read it. There is already a lawsuit filed to contest the law. So it may be a while before the final version of the law is formulated. Also there is a move in the the Oregon Legislature to come up with some type of law for the entire State of Oregon... View More
We can't find any depositions in the 20 year old case file but the Defendant's Memorandum and even the Judge's final findings of fact and conclusions of law answer the legal question the present day property owners are arguing about (cost allocation for road maintenance). Are these... View More
answered on Feb 10, 2017
If you've gotten this far you already know the rule and the exceptions. You problems will be not just the hearsay rule but authenticity, since you apparently have only fragments of the testimony. If there is enough information in the record to lay the required predicate, maybe you get it in.... View More
The listing broker apparently set the list price at just slightly above the balance on the loan. The broker representing the buyer (us) did inform us of the fact that the list price was about the same as the loan balance and of the fact that, consequently, the seller (and the seller's bank)... View More
answered on Feb 9, 2017
Sounds like the brokers are jerking you around. What does the contract say about who pays what commissions? If they're asking you to allow them to amend the contract to pay their commissions, I believe you could politely decline. Call a local real estate attorney and have them look at your... View More
answered on Jan 3, 2017
Well typically the house gets sold and the taxes get paid off the top of the sales proceeds. I don't know if there is a way to keep the house without paying the taxes. You will have to consult with the county that levied the taxes as to other possible ways to deal with the taxes, other than... View More
company. The ordinance states that I do not pay the city will file a lien on my property. My understanding is that a government entity can not file a lien for services not provided by that entity. If so the ordinance in unenforceable.
answered on Dec 6, 2016
I have no idea. I live in Portland. In Portland the city contracts with waste management and we can elect to have or not have waste services. I suspect that the City of Seaside has negotiated some type of contract with the garbage service provider which makes the City of Seaside responsible of... View More
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