There is an irrigation canal behind our subdivision with a road alongside it that we often use to walk our dog. Sometimes we need to get home faster from the walk, so we asked a homeowner whose driveway connects up with the canal road if we can use his driveway to cut through occasionally and get... Read more »
The question comes down to who owns the property and who merely has certain rights to use it. Most of the time, though not always, one party is the owner and the other two have easements allowing them to use the owner's road or driveway. I suggest you find out from a title company or a trip to... Read more »
Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately
You can evict them through the formal eviction process if they will not leave upon your request.
That fence line has probably been acquiesced as the boundary regardless of what the adjoining properties' deed legal descriptions say. In any event, you can certainly claim it is the boundary, and it is up to the other owners to sue for a boundary dispute, declaratory judgment, etc.... Read more »
We went under contract to buy a colorado house and paid $65,000 earnest money. Contract gave date of may 24th for inspection termination. We viewed the property on the 14th may, it was in terrible condition, much worse than we were led to believe. We immediately terminated the contract and... Read more »
You have a lot of money at risk here. Unfortunately, the answers to your question and your legal rights WRT demanding the return of your earnest money is dependant upon the specific language in the Buy/Sell Agreement the language you used in your termination. If you used the Colo Real Estate Div... Read more »
I need to make sure I understand the difference between a Trustee's Deed and a Deed of Trust. I also need to know if a Trustee's Deed can make the Grantee the owner of the trust and its debts without the knowledge of the Grantee.
Trustee's Deed is a conveyance from a Trustee, which usually is generated by a foreclosure. Deed of Trust is a security instrument, making property collateral for the payment of a Note. If a Deed is not delivered to the grantee, it is not a conveyance.
I have a squatter in my house invited by my daughter-in-law who is growing marijuana in their bedroom. They have changed the locks and installed a deadbolt without consulting me, the owner. It is in a tent with lights and a fan hooked to a extension cord and I'm worried about a fire while... Read more »
Outside of cutting off utilities, you will need a competent attorney to file an Eviction Suit to remove the unwanted occupant. It will not be fun and your house will be damaged. You might open the door with a crowbar and remove contraband. But again hire an attorney. It may be necessary to evict... Read more »
Mother in law has retained an attorney who is threatening court ordered forced sale under CRS 38-28-101. @ closing, she signed an affidavit stating she would not require repayment in part or in whole for the assistance with the down payment on 12-07-2016. Since the closing, she has moved in 2X and... Read more »
Is it possible for a 1/4th owner to force the sale of the property. In general, yes. But, you and the other partners may have defenses. You should contact an attorney to discuss the facts in detail and to potentially have an attorney respond to the attorney demand letter showing that you do not... Read more »
We have an easement agreement for $10.00, which included crop damages and repurposing of soil. This was signed in 2018.
The check has no specific language on it. However, a letter sent with the check was subsequently sent for $30000 and language in the letter states, " this is for... Read more »
Sue you have a lot of good questions and a lot at risk. The short answer is yes cashing the check could put you at risk. But, I certainly do not know all of the facts as related to you issue. So, I recommend that you contact an attorney to have a discuss so that you can fully understand your... Read more »
I am purchasing my first home, after signing the purchase agreement we were told that HOA only allows a 4 ft fence. The fence is pretty climb-able and open so I was told we could add chicken wire. This still would not work for us because my 5 yr old special needs child is autistic/wanderer and can... Read more »
You may want to make a "reasonable accommodation" request to your HOA, if this is denied you'll need to get an attorney involved.
My x sued me for a dissolution of marriage claiming common law marriage. I filed a motion to dismiss and I won the ruling was that there was no marriage. Now there is a Lis Pendens against my property that my x's lawyer had put there while the case was going on. I am trying to re-finance and... Read more »
No a Lis Pendens does not automatically fall off. You may have to sue in Quiet Title to get this resolved.
My siblings and I own property in Colorado together with our now deceased brother. However, we don't know if our brother's wife and/or children still have rights to the property. We'd like to get our brother off of the deed. How can we tell if it went through probate already as... Read more »
Check ownership of the Colorado property with the county assessor. If it was held as tenants in common, his share passes to your brother's estate and whatever arrangements he made. If it is held as joint tenants with right of survivorship, his interest expired upon his death and the... Read more »
I am interested in purchasing a patented mining claim. The seller has obtained a right-of-way easement from the NFS but it adjoins another private parcel. The seller has been unable to obtain a right-of-way easement from the adjoining private property owner due to lack of response. Can the... Read more »
Can the existing easement be modified? Maybe.
Can adjoining property owners be forced to allow and ingress/egress easement? Maybe.
Certainly a landowner has the right to have access to his property. However, gaining that access can be a complicated legal process if the adjoining... Read more »
I live at the residence with my two children and pay everything. He surrendered property
If you are not married, then the house will belong to whomever it is titled.
Can I or my Husband buy the house out of the trust? And how can we find out the mortgage balance? The attorney handling the trust is not very responsive to my questions.
Hire a competent attorney to search the title, then make an estimate of the mortgage balance, if any. Once you know the title and probable encumbrances, make a written offer to the Trustee.
I was convicted of vehicle homicide/DUI in 2008. My friend died and his family sued me for $20 million. My wages are garnished at 25% after taxes.
You need to talk to a competent attorney about asset protection and exemption rights in whatever State you are going to live in. The exact Deed Grantee will be critical, and you need that lawyer to tell you what to do. Sometimes trusts are useful, but probably not here. The lawyer's... Read more »
Mother may have left money to me but stepfather is keeping it or stole or the same with my little brother
If you can establish fraud, then you may have recourse. You can report this to the police as financial fraud is a crime. You could also hire a criminal attorney who could have a private investigator look into the matter.
They refuse to draw up a will. I want to do everything possible to insure that their home and assets are protected from the government.
They are 88 & 91.
There many ways to do this including a trust. The simplest and cheapest way is to have them execute and record a beneficiary deed to their heirs. The heirs would have no present interest in the property, but upon the death of the last one, the home would pass to the heirs by operation of law and... Read more »
Easement was not disclosed by owners. Easement was noted in single document received at the closing table. No details given, only naming who easement was granted to, and skimmed over. After much research easement is .25 acres of property restricting use substantially (we can plant grass, no... Read more »
Dear Buyer: If I understand your description of the facts, your Seller had knowledge of an Easement for sewer line across the Subject Property which restricts your expected use. A claim against the Seller is called "Failure to Disclose" and is in the nature of a fraud claim. The... Read more »
It appears that the title company does not trust your builder. You might wish to consider either obtaining another contractor or another title company, or both.
I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn.
It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an... Read more »
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