My utility company is claiming “prescriptive easement” rights to justify them cutting down trees that are on my property outside of the easement that is on file at the Register of Deeds office which states 10 feet on either side of the line. They cut everything 30 feet back & are telling... Read more »
There are 3 parcels, each with a separate owner but selling as 1. Foreclosure is imminent unless first year taxes are paid up which are due by the end of this month. (There is currently an open case against the county in this matter with multiple land owners.) 1 owner is willing to pay for 1 year... Read more »
Hire a competent attorney to search the Title. Start with the Tax Records, because either someone is paying property taxes or the County owns it. You may have to go back to Land Patents and then determine Heirship.
My brother and I were jointly gifted 20 acres of land in 2008 by an uncle. We have had the land surveyed and are splitting it into two 10 acre parcels (all of this has been completed) We want to draw up a legal agreement between us that neither party can sell their property outside of our family.... Read more »
You need a competent WI attorney to draft both Deeds with enforceable Restrictive Covenants in the Legal Descriptions. Your possible contract would only be enforceable between the contracting Parties. Covenants Running with the Land are necessary.
My partner and I own a house together and have one minor child together. He has no other children and does not have a will. If he were to die, what would happen with the house? Would I be able to take over the mortgage? Would I be responsible to pay off his car and credit cards before I could do... Read more »
Hello, if you are unmarried and own the house together it will depend on how the title to the home is held. This will be reflected on the deed when you purchase the property. If you are both on the title to the property, then it depends on if you hold title as "Joint Tenants with Rights of...Read more »
Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... Read more »
Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via...Read more »
Your question cannot be answered without more information. Is there a written lease agreement? You will need to get a copy of that. Have you tried talking to the tenant about his intentions? Did the seller represent that there were no leases?
We have put offers in on multiple properties. We started to offer on the last home on a Thursday. On Monday the realtor asked that we remove a home sale contingency and wrote a new offer that was signed on Monday.. Then on Wednesday they informed me that I had to sign the document again as my... Read more »
I am sorry to hear about this situation. If your realtor is using the standard offer to purchase form (WB-11 - Residential Offer to Purchase), which is promulgated by the Wisconsin Department of Safety and Professional Services, then there is a line at the bottom the realtor should complete that...Read more »
The Trust is probably Irrevocable now. Hire a competent attorney to search the Title. As Trustee you may or may not be able to sell the land as the fiduciary. At worst, all interested Parties, Trustee and Beneficiaries, can convey as grantors unless there is a future interest estate created by...Read more »
If the creditor's lien or mortgage was recorded prior to the joint tenant's death, the property will pass subject to the lien. There is a Termination of Decedent's Interest Form you can file with the Register of Deeds to remove the joint tenant's name from the title to the...Read more »
My husband and I were given land (paperwork was signed by both parties for the ownership transfer). The prior owner is upset about something and thinks he can call the county and just take the land back. This land had been in our name for years now and is also included in the assessment of our... Read more »
If the land was legally transferred by deed, and your name is now on the title to the property, the previous owner cannot take it back unless you sign a deed granting the land back to them either by gift or by sale. The only other way I can think of for the previous owner to get the property back...Read more »
After closing on a home, the county contacted me saying the property lines for the home I just bought are incorrect. After speaking with the county, the title company contacted the county about this issue. However, the title never notified myself or the seller about this issue prior to closing.
I would carefully examine your title insurance policy on the home to see if the issue was discovered during the title search and discuss this issue with a real estate litigation attorney in your area. The title company should have run a title search before issuing the title insurance. If the issue...Read more »
The amount is intended to be a gift. Would he need to pay taxes on the amount over $15,000 or could this be claimed under the lifetime exemption? If it’s taxable, would agreeing to repay the amount upon sale of the property turn it from a gift to a loan?
Currently you can gift up to $15,000 per person per year, without filing a federal gift tax return. Therefore, your proposed gift of $40,000 from your brother would be over this amount. He could gift you $15,000 this year and $15,000 in 2021 without filing a gift tax return, or if he is married, he...Read more »
Dad had no will and I have been living there and paying taxes that come in his name in care of me. My brothers and I split everything and i got the house but never got the deed changed and now i am older and need to get it in my name.
Hello, I think you are going to need to work with a probate attorney, to get the house transferred from your Father's name to your name. If there was a probate when he died, the deed to the house should have been changed at that time. If you inherited the house via deed, there may be a way to...Read more »
If you are buying a property on a land contract, I recommend you have it prepared or reviewed by your own attorney before entering into such a contract. Often these types of contracts can favor the drafter (the person preparing the contract) so if you are considering entering such a contract it is...Read more »
There are a couple of ways you can go about this. Depending on how the title to the deed reads now, you could pass this to your husband via deed, or via your Will or Trust at death. Doing it in your estate plan (Will or Trust) may make sense, because you still have a mortgage on the property, and...Read more »
The property next to me is bordered on the east side by a public waterway on county land. They currently access their land from the west through a gravel lane on my property. The old easement recently expired and I was wondering if I have to renew it.
In general, if an easement has expired, there is nothing requiring you to grant a new easement to an adjoining landowner. The Wisconsin Supreme Court has held that Wis. Stat. 893.33(6) requires property owners to re-record their easement within 40 years of the original grant, or risk losing the...Read more »
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