answered on May 24, 2023
You really need to discuss all the facts with a local Probate attorney, look here on Justia for one. Generally promises to transfer land must be in writing, but there are additional restrictions when the Grantor dies, then the writing must comply with all the requirements of a Last Will. It must... Read more »
I am in Arkansas This is a 6 to 10 ft section of property that we made an agreement on we could use and have been using their Road for a year and a half now that we are moving on our property they want an injunction where we cannot cross over this section. My question is how likely what a judge... Read more »
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answered on May 11, 2023
Your property is landlocked, you made an agreement for an easement over your neighbor's land, and now the neighbor is preventing you from accessing your property? Without more information, we cannot guess your next best move. How long have you owned the landlocked parcel? Was it once part... Read more »
My Arkansas home is built on a zero lot line. How do I verify the original pin has not been moved during construction
answered on Mar 15, 2023
What is your question? Apparently your new survey is different from the old. You might contact the surveyors, but if they talk to you they will defend their opinions. Declination might be a factor here, but probably one survey was more precise than the other. If you have a dispute then hire... Read more »
My Arkansas home is built on a zero lot line. How do I verify the original pin has not been moved during construction
answered on Mar 15, 2023
You probably need to examine the adjacent property owners' Deeds. Look for their legal descriptions' common boundaries with you. It might disclose what the neighbors think your boundaries are, and the surveyors may have done this earlier, maybe even using a common metes and bounds.... Read more »
My home burnt down in 2021, at which time the executor entered her will in probate.The fire ins policy was made out to mom & estate.My brother, executor of estate, acknowledges the proceeds go to me, but he says he has to pay moms back taxes out of fire ins proceeds before I get my money.Can... Read more »
answered on Jan 18, 2023
Hire a probate attorney to probate your mom's estate and explain this to him or her and provide your evidence. You would essentially be making a claim against the estate to honor the contractual agreement.
The property is next door to me and has no house on it.
answered on Oct 27, 2022
Same process as an in state seller. Hire an attorney to search the title, then draft the Deed. Your purchase does not sound good. Seller has to execute it before a Notary.
But sending him money might get nothing back.
My 2 brothers and I jointly own our family farm. It was deeded to us by our parents undivided. I and one brother each own 37.5%, the other brother owns 25%. Can one owner force a sale instead of having it divided? Would a judge typically force a sale over division?
answered on May 23, 2023
If you sue for Partition, a Partition in Kind is possible to give each owner certain parts of the tract. If it cannot be fairly physically divided, then a Partition Sale will be ordered to divide the Sale Proceeds. Consult with an AR attorney.
I was required to grant a right of way dedication for a project at the entrance of my land to the county. I have canceled the project. I was required to sign a quitclaim deed to get the project approved. I have canceled the project and plan to sell. The right of away is not needed anymore. It... Read more »
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answered on May 23, 2023
Assuming it was recorded (which would have been required to obtain the approval), you cannot cancel a conveyance and you will need the county to convey it back to you.
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I am answering this question from my New York Perspective.
Dad passed in 2015. Girlfriend has contacted me this week wanting me to sign a quitclaim deed so she can sell this property. Do I have any rights to my Dad's portion of this property? Would the deed say heirs on it.? Right now the county tax accessors has it listed with her name- and his hame... Read more »
answered on May 5, 2023
Hire a competent AR attorney to at least read the Deed. It is very possible that you own an one/half undivided interest as a tenant in common. But someone needs to determine the title. If you are one of the two owners, then agree to the sale and do not sign a Deed until you are paid half the... Read more »
I live in Michigan.
In Arkansas, my brother and I inherited land from my deceased father. Using a lawyer, he had purchased land from relatives using quit claim deeds.
However, to save money, he used a Bill of Sale to purchase land from one relative. This relative is still... Read more »
answered on Apr 13, 2023
Bill of Sale is not a conveyance. Suing for Specific Performance will cost some money. Call AR attorneys who handle property litigation. A Partition suit is probably your best option, and hopefully the lawyers can get paid from sale proceeds.
He passed 9 months ago.We both lived on property since 2007
Is this Joint Tendency? Property transfer to me? What do I do to remove his name. I have a Certified Death Certificate
answered on Mar 27, 2023
Sounds like a Tenancy In Common where both owned one/half Undivided Interests, if no survivorship condition is shown. But an examination of the Deed and a Title Search are necessary. It sounds like his Heirs took his interest.
Other spouse
answered on Dec 14, 2022
It sounds like only one spouse is the titled owner, who can convey. An immediate divorce action might bring all property of the Parties into play, especially with a possible Injunction requested. Hire an AR attorney now.
I told her if anything was to happen to him I wanted the house and my husband told her when he passed I was to get the house and she said yes
answered on Nov 4, 2022
Hire a competent AR attorney to search the Title and determine ownership.
I'm basically wondering if I'll be able to keep my license active and sell real estate part time while working as an assessor and eventually an appraiser for Pulaski County or not.
answered on Oct 6, 2022
Contact your State Regulatory Agency which licenses real estate agents and ask them.
Hi my grandmother passed away back in 1993. My father her eldest son moved in her home and lived there for 24-25 yrs until his death in 2014. He never probated property due to being unable to locate her will. However, the whole time he lived on property he did perform upgrades by adding a pond and... Read more »
answered on Apr 11, 2022
You will need to hire an attorney to determine Heirship as the Heirs own the land a Tenants In Common. Then an Affidavit of Heirship will need to be recorded. And someone still needs to pay taxes.
There is no home or house property they are staying in a travel trailer . Do i have to do a eviction on them ?
answered on Feb 14, 2022
Immediately hire a competent AR lawyer to prosecute a possessory/eviction action. Hopefully the occupants will not claim Adverse Possession or that the SOL has run.
answered on Nov 11, 2021
It probably means that you do not own the home. It is owned by the estate of someone who has passed and either his or her will requires the house to be sold or it needs to be sold to pay his or her debts. A local probate attorney can help you with this.
Easement is to the property behind us. The property is primarily woods and pasture area not used. The people who own that land do not use the easement properly and go through out property as an "easier" route. We would like to terminate the easement but are unsure if that's possible.
answered on Sep 24, 2021
Hire a competent AR attorney for specific advice after searching both titles. Easement descriptions do not have to amount to much, not like the property's legal description.
Termination is possible in many ways, but it sounds like they will ignore your efforts and probably will sue you.
answered on Sep 13, 2021
I doubt you have a portion of 30 acres owned with other tenants in common. Hire a competent AR attorney to search the title to determine what exactly you own. Then file an action for Partition if the others will not agree to sell or buy you out.
The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also... Read more »
answered on Aug 17, 2021
More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.
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