Get free answers to your Real Estate Law legal questions from lawyers in your area.
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... View More 
answered on Feb 24, 2021
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... View 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... View More
answered on Jan 30, 2021
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... View More
I live at the residence with my two children and pay everything. He surrendered property
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answered on Jan 26, 2021
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.
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answered on Jan 25, 2021
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.
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answered on Jan 19, 2021
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... View More
Mother may have left money to me but stepfather is keeping it or stole or the same with my little brother
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answered on Jan 17, 2021
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.
answered on Jan 6, 2021
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... View 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... View More
answered on Dec 18, 2020
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... View More
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answered on Dec 15, 2020
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.
answered on Nov 30, 2020
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... View More
My mother in law needs to be a partial owner to occupy a condo I own. She got in a car accident 1 1/2 years ago and the claim has not been closed. I am worried about putting her on the title (even at 1% ownership) with the claim still pending.
answered on Nov 16, 2020
You should be concerned. If she is an owner. This creates an asset from which the creditor from the car accident could levy to force payment of the debt. It is a lot more complicated than that, but you should consult an attorney before simply filing a Quit Claim Deed to add anyone to title to... View More
When I go into the office to try to fix the issue she becomes irate, and comes off like I'm crazy I've tried calling corporate no answer what do I do?
answered on Nov 11, 2020
What you are required to pay for depends on what your rental agreement says. A lawyer would need to review that agreement and compare it next to the landlord-tenant laws to best assess your rights. Generally speaking, however, you never be double-charged or triple-charged for anything and you... View More
answered on Oct 31, 2020
When you sign a lease it is common to have a provision that you will abide by the Association/Complex/Building Rules. These can be modified at any time without changing the terms of your lease. If the rules now provide that ID must be shown, then under the terms of the lease you must abide by the... View More
My HOA is facing a dispute on who should pay for repairs on a home water drainage blockage. An owner had an issue in the drainage pipe inside their dwelling that led to a blockage in the main drainage pipe that services only their unit. The owner hired a cleaning service for their pipes and the... View More
answered on Oct 24, 2020
The specific language of the HOA governing documents and the specific facts of the blockage and cause of the blockage will be determinative here. If the parties cannot come to an agreement involving an attorney may help to get this resolved or properly prepare the case for ligitagion.
answered on Oct 18, 2020
Dear Property Owner With Easement: A standard easement is a recorded document that is binding on both owners (both the "servient" and the "dominant" parcel owners), and an easement "runs with the land" (meaning, attaches to the property and impacts all future owners... View More
the house is deed restricted and therefor the landlord is in violation of the deed restriction by renting the house out. He is putting pressure on us to buy and we are looking into it, but he says if we don't soon he will put the house on the market and we are going to have to move out. Is... View More
answered on Oct 16, 2020
Probably true. But you will need an attorney if you contest. Its a cost benefit analysis. To purchase, contest or move - those are the questions. If contest then see an attorney in the county where the property is located.
Seller was executor, however we also learned for the past 10 years they have been the sole caregiver for the property (replacing roof, electric, etc). We came across someone previously under contract who provided the estimate they received for foundation work. Are they legally bound to... View More
answered on Sep 29, 2020
Withholding knowledge of a material defect like an expensive foundation issue from a potential buyer could subject the Seller to triple damages in a lawsuit. If you are the buyer you should contact an attorney ASAP.
They will not respond to any questions. Completeley destroyed garage.
answered on Sep 3, 2020
If someone else owns the Elevator Leg you have a claim for damages against them. You may want to get an attorney to assist you.
The tree is clearly rooted in their property. Our neighbor's property is managed by Walter's and Company, who did remove the fallen tree after we alerted them to the issue. Walters and Company Property management has stated that they will not be paying for any repairs needed from their... View More
answered on Sep 2, 2020
This is a claim that you would likely win if you were to bring the case in Small Claims Court.
Some board members have decided to interpret the covenant 5.23 vehicles. " No snowmobiles, all terrain vehicles, or off-road vehicles shall be operated in River Terrace. No vehicles may be stored outdoors." that no rv's, travel trailers, campers, trailers can be parked anywhere on... View More
answered on Sep 1, 2020
You may want to consult with an attorney to respond to your HOA to dispute the HOA's overreaching attempt to enforce the convents.
The HOA only has the power specifically granted to it in the HOA documents.
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