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0 Answers | Asked in Real Estate Law on
Q: My sister stole a house from the trust of our mom back in 2019 . I have done a title search .

We went thru mediation . Both the title co. and the registers office say that they where things about the title that weren't right . Looking for a real estate attorney to take this case . The sister has sold the house I guess ?

1 Answer | Asked in Real Estate Law for Missouri on
Q: THE HOA is assessing only CERTAIN homes in the subdivision rather than ALL the homes. Can they do that legally?

Certain home owners were opposed to the new developer of the subdivision building lower valued houses. A law suit stopped the developer and now they (developer) is penalizing ONLY these home owners with astronomical assessments in order to recoup the money for lawyers fees during the law suit.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 6, 2023

Seems unfair but read the declaration

0 Answers | Asked in Real Estate Law for New York on
Q: I have received a vacate order, based on fire danger. Can I leave furniture that was already there before tenancy?

Since the tenant has already vacated? Also, what will the seal (of 12/11) consist of?

0 Answers | Asked in Real Estate Law for Indiana on
Q: Can a mortgage lender refuse to provide a payoff amount?

Parents had a Transfer on Death filed with the county along with their will. All paperwork was signed and notarized through a local lawfirm and filed as required.

0 Answers | Asked in Real Estate Law for Maryland on
Q: In Section 11B-113.2(a) of the HOA Act, what is information required that verifies the vote in electronic submissions?

Our HOA recently had a vote regarding a change in the Covenants. Owners were allowed to submit completed voting forms to the community management company by mail or by e-mail. One person submitted a large file containing scans of dozens of completed voting forms with signatures that he said he... View More

0 Answers | Asked in Real Estate Law for Oregon on
Q: Home buyer was denied loan at final underwriting, paperwork to be signed day after tomorrow. The deal is over.

Selling our home. have a buyer, scheduled to sign final paperwork day after tomorrow. The buyer was denied the load at the final underwriting. We have already moved out, signed a lease with a new home and now are being told, we have nothing. Just to put the house back on the market and hope for the... View More

0 Answers | Asked in Real Estate Law and Contracts for Michigan on
Q: have a signed Real estate purchase & agreement closing date has passed, seller doesn't want to sell can I cloud title?

have a signed Real estate purchase & agreement contract signed by the seller since Oct.6th, it was supposed to close by Nov.14th, but the buyer wanted to wait until after Thanksgiving, and now the seller doesn't want to honor agreement, because he says contract has expired, so I wanted to... View More

2 Answers | Asked in Real Estate Law for Alabama on
Q: Neighbor installed new over flow pipe from his man made pond to go straight onto my land and it has cause lots of damage

I've tried looking up whom to contact without luck

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

That is a difficult property tort. You need a witness as to damages. Keep looking until you hire a competent AL attorney to file suit.

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0 Answers | Asked in Real Estate Law for North Carolina on
Q: We are trying to determine how to assess lot owners in our HOA.

Many own one residence but several undeveloped lots. Our covenant reads, "property and/or lot owners will be responsible for maintenance and repairs of said items on the basis of each lot owner (including lots owned by the developers) paying a proportionate share calculated on the number of... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can the holder of the easement on my land grant the easement to another person

In 1970 Property owners A and B granted 15’ easements to each other. property owner A then granted the entire 30’ to property owner C. Was this a legal grant?

John Michael Frick
John Michael Frick
answered on Dec 6, 2023

While the answer to any legal question depends on the particular facts and circumstances, it sounds like this could be a legal grant unless the 1970 grant of an easement from A to B was the grant of an "exclusive" easement. Most easements are non-exclusive.

1 Answer | Asked in Estate Planning and Real Estate Law for Maine on
Q: Hello can you tell me what typical commission fees would be on the sale of a 170 acre farm estate?

The property is in central Maine and has easement with Maine Farmland Trust.

Fred Bopp III
Fred Bopp III
answered on Dec 6, 2023

Typically, the commission fees would be in the range of 5-6%, but they may be negotiable. You should contact multiple brokers and ask what their commission fees would be.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: I live in Granada Hills and have been given 2 months to vacate the house. Am I legally entitled money to relocate?
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

In California, the legal requirement for a landlord to provide relocation assistance depends on specific circumstances, such as the reason for eviction and the type of housing. If your eviction is due to the landlord's decision to remove the property from the rental market under the Ellis Act,... View More

0 Answers | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: As the owner of a dominant estate do I have the right to install a gate on the ingress/egress easement to my property?

The access is a very narrow and dangerous road in rocky mountain terrain and I am trying to put up a gate for safety reasons, specifically to prevent head-on traffic. The gate would be unlocked and the servient estate would still have access although they do not use the road and have no reason to... View More

0 Answers | Asked in Divorce and Real Estate Law for North Carolina on
Q: what are my property rights after I file for seperation?

I purchased the house 3 years in 2008 before I married my wife. I recieved an inheritance and used the money to repair and pay off the house 2 years ago.

when I filed for seperation I left to visit family and friends around the country so she could find another place to live. She has since... View More

0 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Delaware on
Q: As a renter am I required to pay a brokerage fee for renewing a lease?

Licensee contacted me says I had to pay him the next day and he was going to draft the new lease agreement immediately. This was in late November however my lease ends in February. He asked for $600 and said the landlord is paying the other half. I questioned the validity of his claims and if it... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Probate for New Mexico on
Q: My brother passed away in custody of the county jail my half sister violated the rights and went behind my back and got

Awarded as personal representative of his estate and filed a tort claim against the county. Is there anything I can do to have her removed as his personal representative? If so how do I go about it

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In New Mexico, if you believe that your half-sister, as the personal representative of your late brother's estate, has violated certain rights or acted improperly, you do have options to challenge her position.

First, you need to file a petition in the probate court that is handling...
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0 Answers | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Indiana on
Q: Do I have to report "income" on real estate payment received only to cover the mortgage from current tenants?

Father's exwife owns the property. People that live in the house pay him, not her, directly the monthly amount to cover the mortgage payment on the property and nothing more. Is this considered "rental income" and should it be reported to the IRS? If so, who's taxes should it... View More

0 Answers | Asked in Real Estate Law for Virginia on
Q: Can a condo board alone give final approval of the budget without unit owners votes?

Our by-laws require the board to prepare and adopt a proposed budget and present to the unit owners at an annual meeting. 30 days notice was not given, the meeting was held two weeks after the budget was provided to unit owners. At the meeting it challenged that the 30 day requirement was not met... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: hi I have a partially paid land contract that my cousin left to me upon his death, can his son his beneficiary take it ?

I'm in possession of the original deed and the contract and his will for this signed and notarized.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 5, 2023

You've used two different terms that make me think you're not understanding how this works.

If you are the DEVISEE (named in a will) and the asset passes through probate, then a 'beneficiary' doesn't exist and you're good.

If there is a BENEFICIARY...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: sisters want to sell a house they inherited, one wants reimbursed for paying the mortgage before the sale is that legal?

Two sisters inherited a house, one is the executor of the will. They both wish to sell the house but the executor payed the mortgage for the last two months out of pocket instead of out of the estate funds. She now wants reimbursed saying there were no estate funds only the bequeathments as set by... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 5, 2023

Yes. The sister can petition the court to remove the Personal Representative, who is not doing the job properly. There is no reason to pay a mortgage if the estate is insolvent. It just means the house must be sold. The bank will get all its money at settlement, if the price is high enough. The... View More

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