Donald C Eby's answer It is not likely that a probate under these facts will result in a forced sale. But, if the estate is contentious, i.e. someone wants money, your Mother should hire an attorney to assist and defend her.
James Alan Greer's answer Sales Contract (Residential): I am equipped to assist, and happy to help. Would be best if you sent along the proposed/pending Contract via email, and I'll supply you with a responsive email identifying the Fixed Fee to perform review, analysis, and advice. Thanks. jamesgreer@CalCoLaw.com
JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate transactions for the past 30 years; nothing herein shall be construed as the offering of legal advice...
Ashley Dean Powell's answer Based on the facts above in your question, it may be difficult to get a complete answer. If you want to know that you have correctly formalized your agreement with your neighbor, then you should probably consider consulting with an attorney in your area who can review all documents related to the purchase and installation of the original line any any associated easements.
If you have set up your own self-contained power grid for which you produce the electricity and own the lines, then...
James Alan Greer's answer Dear LLC Lessee: It is standard practice for a Lessor to require a Personal Guarantee ("P.G.") from the Members of an LLC. The reasoning from a Lessor's standpoint includes the primary concern that an entity (an LLC, for example) can breach a Lease by simply winding down and dissolving, thereby leaving the Lessor with no manner of collecting lost rents. You asked if your LLC still offers protection if/when the two Members sign a P.G. - no, clearly the P.G. negates the personal property...
John Kenneth Joyner's answer You may be better off just having your dad's neighbor go straight to an attorney who specializes in first-party property insurance bad faith claims. That lawyer can get a better idea of the facts of the case and point them in the right direction. Often bad faith insurance litigation firms will work on contingency and give you a free consultation, meaning no money changes hands unless they win your case.
Donald C Eby's answer A judgment is one way to obtain the right to lien but not the only way. Likely, the lien that you describe is a "spurious" lien and you may need to bring suit to have it removed and recover your damages.
Donald C Eby's answer Based on your facts this is likely a spurious lien. You have no obligation to agree to new terms after the gift or loan was delivered. You should contact an attorney to assist you in removing the lien.
Donald C Eby's answer You may want to have an attorney bring suit to remove the improper lien. If this is not a contractor or supplier of materials for the land or if you have not pledged the land as collateral for a loan, it is likely that this is a faulty lien and you may be able to collect damages.
Ashley Dean Powell's answer You first task should be to locate a copy of the purchase and sale agreement from 1995 to determine the terms the parties agreed to in that document. It seems strange that the HOA would have purchased land with no intent to move the fence so that it could more easily access and use that land, but perhaps there were other reasons for the sale unrelated to actually using the land. Was there a subsequent lease-back of the acre to the rancher to continue using? There may have been a reason why the...
James Alan Greer's answer Dear Frozen Pipes Seller: the rule of law in Colorado Real estate sales contract is that the SELLER (and the Seller's insurance carrier) is responsible for all property damages occurring at the subject property until the moment of "closing" (or, the moment the title is transferred to Buyer).
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