Get free answers to your Real Estate Law legal questions from lawyers in your area.
In the past couple of years, I built a house and discovered that my neighbor has placed a fence on my property. We have a survey confirming the fence is on our land, and the neighbor acknowledges this but claims that because the fence has been there for 20 years, he owns the land through adverse... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
Hire an AR attorney to search both adjoining properties' titles. Investigate how long the fence has been there, but it sounds like it has been acquiesced as the boundary, regardless of a common boundary in the legal descriptions. A boundary survey might be needed. If the situation is as... View More
My deceased uncle did not have a will, so the family land—which has been in our family for over 60 years—went to his next of kin, his grandson, because his son is also deceased. However, since his grandson is a minor, the mother of his deceased son has started selling off the land without the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2025
If there is a will, has it been filed for probate? If not then Decedent's heirs own his land. If the Will is filed for Probate, and designates devisees and/or residuary beneficiaries, then they get the land through the Will.
Wills mean nothing without probate. Since you... View More
I’ve had a change in job positions and had had to stop paying my credit cards, which is affected my credit therefore, I don’t have the credit to refinance. Can I claim bankruptcy and include the house and the amount owed in the bankruptcy and keep the house. Would want the repayment type of... View More
answered on Jan 13, 2025
The "repayment type of bankruptcy" is a Chapter 13 bankruptcy case, which is fortuitous because, thanks to a Supreme Court case penned by Clarence Thomas (that flies in the face of Section 306 of the Bankruptcy Code), a debtor cannot modify a home loan in a Chapter 7 case.
Note... View More
I do not see any specific contingency in the contract for the seller to terminate the contract. There is a contingency on an addendum that the "buyer reserves the right for any reason or no reason in it's sole discretion to terminate this agreement by writing no later than 5 days before... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
Purchasers/Sellers breach real estate contracts daily, with few consequences. Usually only earnest money or a real estate commission are the only actual penalties. But a Specific Performance action is a possibility. Breaching Parties always take a chance.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
In Arkansas, claiming land that does not appear to be owned by anyone on county records can be a complex and challenging process. However, there are legal mechanisms such as adverse possession that may allow you to claim ownership of land under certain circumstances. Adverse possession typically... View More
Added her in 2016. Now my grandmother wants me to sign some paperwork back to her.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
If the deed to the property includes your mother's name "and her heirs," it suggests that upon your mother's passing, her share in the property would legally pass to her heirs, which likely includes you. Before signing any paperwork to transfer your interest in the property back... View More
My father passed away without a will. He was with someone for 30-years, but not technically married. The only surviving blood is my brother and I. Things have been great with his partner, and we agreed the Arkansas land would go to us. This went through probate in Texas and was approved (among... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024
If your Affidavit of Heirship is correct and recorded, then use it as the source of title for the deed grantors. Their title source is placed in the derivation of title clause, then executed by the grantor heir over to the heir who will own it in fee. Hire an AR attorney to draft and record... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023
In Arkansas, moving into an abandoned property without permission is not typically legal. This action could be considered trespassing or squatting, which are illegal. To legally occupy an abandoned property, you would need to gain ownership through legal means, such as purchasing the property or... View More
I'm looking to sell my home, which was homestead exempt in my bankruptcy discharged in December 2015, with the case closed in January 2016. However, my attorney, now a sitting judge who cannot assist further, did not file for a record of release from a creditor judgment included in my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2025
You might file a quiet title action against the asserted creditor. Hopefully your BR Petition included that creditor. If not, the the SOL for collecting may have run.
My mother-in-law, who resided in Arkansas, recently passed away, and my husband is listed as the Trustee of her family trust. The trust was originally established by her late husband in 2000 and is a revocable trust. She also had a last will and testament, which states that everything should be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
When your mother-in-law passed, the trust became irrevocable. Consequently, you do need to obtain a tax id number for the trust.
My grandparents own a piece of land in Arkansas that they want to gift to my brother. There is no existing mortgage or will/trust affecting the transfer. What steps do we need to take to change ownership to his name?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2025
Grandparents hire an attorney to draft a Deed to the Brother. A Mo attorney could draft it if he is careful, or hire an AR attorney in the respective County. Then you execute it and record it. It could be a life estate, remainder Deed.
My father inherited real property that was 3 generations old,the deed was given to him,but I'm not sure he legally transfered the deed after my grandfather died.Then he put my step mom's name on it as his name grantor and to his wife grantee in county .Is that legal title?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2025
No deed is involved when heirs take. Hire a competent AR attorney to search title and determine heirship, and give his opinion about who are the owners. Remember taxes have to be paid.
How are loopholes discovered?
answered on Oct 7, 2024
There is no universal answer. "Loopholes" are usually exclusions or exemptions in certain regulations that people take advantage of - but they tend to be situation-specific. One way to discover them is to research statutes, or to consult with attorneys who practice in that given area. Good luck
How can we get a title for it in his name?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 26, 2024
Hire an AR attorney to search the title and determine heirship. Draft a Deed from the heirs over to the Brother and ask them to execute it in front of notaries.
By my parents how do i go about getting the deed in my name.. there is nothing owed on the property
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2024
Hire a competent AR attorney to search the title, then draft an Affidavit of Heirship and a Quit Claim Deed. Do not try to do this yourself.
There’s 5 heirs to a small plot of land.. 3 of which don’t want anything to do with it so they agreed to sign their part over..can a notarized, witnessed statement be legal binding? need it just till we can pay an attorney to file all the paperwork..
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024
Your agreement is unenforceable, as land is usually transferred by deed or heirship. Hire an AR attorney to search the title and draft a deed for the three heirs to convey to the other two as tenants in common.
Property we bought about 11 yrs ago had already fencing around it from neighbors. We left it as such and built more fencing that ran into already built parts and have repaired older fencing. Now a neighbor bought some of the property from newer neighbors and want to tear down existing fencing and... View More
answered on Feb 10, 2024
An Arkansas attorney could advise best, but your question remains open for a week. Your question may run deeper than technicalities about fence construction. Your post suggests a property dispute. You could repost and add "Real Estate" as a category. If this involves adverse possession... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023
Wife can encumber her property interests without your consent or knowledge.
But the title company says it has to be divided 7
ways…can the title company go against the will?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023
I rarely give much credence to title co's, but they might be right on this. Hire an attorney to search the title and determine the precise ownership.
I'm absolutely devastated and heartbroken. I went to get some things out of our storage unit at Copper Safe storage today and everything is gone. Thousands of dollars worth of stuff. All my winter clothes, my families winter clothes, all my Christmas decor that I've collected over the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023
Either hire an AR attorney to sue for an injunction, or check into bidding at the sale (without telling anyone of the contents, or forget about it. Apparently you have been wasting your time complaining to the lessor.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
