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Connecticut Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Connecticut on
Q: Tenant has denied entry for a mortgage inspection. I have provided advanced written notice. What should I do?

I have provided multiple written notices to enter a week in advance. The tenant continuously wants to reschedule. I cannot keep rescheduling with the bank. Not sure what to do at this point.

Anthony M. Avery
Anthony M. Avery answered on Sep 29, 2021

Hire a competent CT attorney to file an eviction action to recover possession.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Mortgage is in my name but my name and boyfriend names on deed. If I sell house is he entitled to any money?
Anthony M. Avery
Anthony M. Avery answered on Aug 17, 2021

Whatever proceeds you agree to share with him is your decision. But apparently he owns the exact estate that you do, and without his signature, there will be no conveyance. Your paying the Note is irrelevant.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: I have been in my home for 20 years. A new neighbor has decided to remove stones from a deviding wall. He built a pallet

structure on it. I have asked them to remove it and replace the wall. I am just ignored. What can I do. Vince Cleri

Anthony M. Avery
Anthony M. Avery answered on Jul 26, 2021

You will need a boundary line survey to prove you own all or most of the wall, with the surveyor available as a witness. Then you sue the adjoining owner for trespass, tort damages and possible conversion of the stones. Hopefully you will not need a Boundary Dispute Action. All of this is... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Connecticut on
Q: My neighbor built a 10-ft fence wall on their property 8 inches from the border line. I moved into my house 13 years ago

and the fence was already there. I have been maintaining neighbor's 8-in property since then. I recently built a fence that joins my neighbor's fence for my dog. I installed new poles close to the old fence so my fence does not touch my neighbor's. My neighbor is asking me to move my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2021

The Boundary Line is probably established by Acquiesence. Hire a CT attorney to search both titles and determine the common boundary line of record. Be prepared to defend your title on Acquiesence if he sues you.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Connecticut residential lease holdover- Do the terms of the expired lease carry over into a month-to-month tenancy?

I have a residential tenant and their lease is expiring. If they want to go month to month and we don't sign a new lease- Do the terms of the expired lease carry over into a month-to-month tenancy?

Christopher H. McCormick
Christopher H. McCormick answered on Jan 29, 2021

A standard clause of most written leases provides that the terms of the written lease continue if the tenant holds over as a month to month lease. Check your lease to look for this clause.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Connecticut on
Q: Connecticut residential lease- tenant signing and their attorney as trustee

i am the owner of a single family home that I am renting- A tenant is renting from me and has signed a lease with her attorney co signing as trustee (the attorney manages the tenants trust fund)- Does that mean the attorney is legally responsible if rent is not paid or home is damaged etc? i.e.-... Read more »

Christopher H. McCormick
Christopher H. McCormick answered on Jan 29, 2021

The attorney is signing in his capacity as trustee of the trust so he is not personally responsible the trust is. If you had to pursue the trust for payment you would name the attorney as trustee as defendant in a collection suit to obtain a judgment against the trust.

1 Answer | Asked in Probate and Real Estate Law for Connecticut on
Q: Is there a minimum deposit amt when purchasing a probate home in CT? I believe in some states it is 10%, does this apply

When purchasing a probate home in CT, is there a minimum deposit amount required? I believe some states require a 10% deposit, is this true for CT as well?

Matthew A. Wiley
Matthew A. Wiley answered on Sep 28, 2020

No. There is no law regarding the size of a deposit. There are quite a few factors that go into buying a home and identifying the deposit amount. Speak with your realtor or speak with a real estate attorney. Many attorneys (my firm included) like to speak to real estate clients early in the process... Read more »

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Connecticut on
Q: Can a town arbitrarily use a residential area street to access a hiking trail thru and around a wetlands for general

public use. The town proposes to use a residential culdesac for parking and public access to the trail site in the wetlands which is surrounded by residential homes.

The neighborhood has no outlet thru streets all traffic must leave the same way it came in by turning around either in a... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 15, 2020

This is something a Connecticut attorney is best qualified to advise on, but your post remains open for four weeks. As a GENERAL matter, the use of land for a given purpose could sometimes result in various types of studies (traffic, noise, air quality, etc.) to assess the environmental impact on a... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Hello, I am filing a quitclaim deed for my wife to include her on our home.

What is the ct. exemption code under Conn. Gen. Stat. 12-498

John B. Hudak
John B. Hudak answered on Jun 3, 2020

The question is a little unclear.

Likely you are filling out the conveyance tax form. Download the instructions for the conveyance tax form, from the same website you downloaded the conveyance tax form. The instruction form will give instructions for each line and likely answer your...
Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: My mom and died 8 months apart, the House was in both their names. My mom hand wrote a will specifying my brothers

Could live in home as long as they want, then sisters,also heirs could sell house. It’s going through probate, now the state of Connecticut sees three heirs that owe money, $80,000,14,000,,12,000,they told my brother they want house sold to get the money. What can we do to avoid paying these... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 20, 2020

Your problem lies with filing for Probate. That was not required. Hire a competent attorney to see if the Probate Proceeding can be Dismissed, which is doubtful.

1 Answer | Asked in Bankruptcy, Estate Planning and Real Estate Law for Connecticut on
Q: Ex spouse died .i as the ex husband have name in title and deed if home .no will .no one has come forward to claim.

I want to walk away from this problem bcuz i cannot pay the mortgage.can i walk away from this home?the house cant get sold because she died without will .i just want to walk away and not deal with this .what are my options.

Timothy Denison
Timothy Denison answered on May 8, 2020

Quitclaim then house to the mortgage holder and walk away.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: If I purchase a plot of land with debt on it, can I be responsible for this debt?

I’m buying a small plot of land for a very cheap price, I’m looking to see if there is some sort of catch that can cause me financial burden

Anthony M. Avery
Anthony M. Avery answered on Apr 30, 2020

If the real property is just deeded to you, then you take the tract subject to whatever encumbrances are on it. But as long as you do not assume or guarantee any debts on the plot, then those encumbrances are only against the land and are not your personal obligation. However any liens, taxes,... Read more »

2 Answers | Asked in Real Estate Law and Probate for Connecticut on
Q: ex wife died .no will .divorced .my name on the title and deed to home.she has older children that never lived with us .

do i have sole ownership as tenant in common?

Nina Whitehurst
Nina Whitehurst answered on Apr 27, 2020

If you were awarded the home in the divorce, then you would be the sole owner. If she was awarded the home in the divorce, then her estate is now the sole owner. If the divorce ordered you two to own the home 50/50 after divorce, then yes. The home will need to be probated and the probate court... Read more »

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2 Answers | Asked in Real Estate Law for Connecticut on
Q: My father left land to my brother and I and we've had it listed at a price that was too high to sell for nearly 2 years.

We need to relist it. My brother says that financially he doesn't need to sell it and wants to list it for a price that is $60,000 higher than the price it was already listed at. A new, potential listing agent has indicated it would be unlikely to sell it at such an exorbitant price and... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Mar 24, 2020

You may be able to file a partition action to get the court to order the sale of the property and distribution of the proceeds.

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1 Answer | Asked in Probate and Real Estate Law for Connecticut on
Q: Who pays on the estate during Probate? Mortgage and insurance? The heirs? I live in the probate estate

I live in my fathers house. He moved to NC. I've been here 5 years+. He was paying the mortgage and insurance until he passed. Now, because I live here is it fully my responsibility to pay these funds during probate? There are 4 heirs.

Nina Whitehurst
Nina Whitehurst answered on Mar 9, 2020

The answer depends on who is going to inherit the house. It is they who need to pay the carrying costs. If they don’t pay those expenses out of pocket the estate can advance them if the estate has the liquidity to do so, but eventually they get charged to whoever inherits the house.

1 Answer | Asked in Real Estate Law and Tax Law for Connecticut on
Q: In Conn., are there taxes that have to be paid upon inheritance of Real Estate?

My husband is concerned about a tax he says he will have to pay upon his parents death in order to inherit the real estate they are leaving him in their will. I live in North Carolina but have not had any experience with the inheritance of Real Estate and so have no idea what he is referring to and... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 2, 2020

If the estate is worth more than 2.6 million dollars then he will need to pay estate taxes.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Connecticut on
Q: can i quiet a title if i was awarded the property in a divorce but my ex wife quit claimed it to a third party?

i was awarded our marital property in a divorce but my ex wife quit claimed it to a third party. who thinks and feels they own the property but we both have a recorded deed? how can i quiet their title? or what course of action do i take

Linda Ann Subbloie
Linda Ann Subbloie answered on Dec 3, 2019

I would need more information to provide a good answer, for instance, when did your ex wife quit claim the property to the third party and under what circumstances. Furthermore, I am assuming you did not sign the quit claim deed to the third party. If not, then your wife may have only quit claimed... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Should we pursuit abandonment or Summary Process if utilities are turned off and Section 8 is not paying as of 09/30/19?

Original Section 8 tenant died and son moved in to take care of kids. He was supposed to sign up with Sect 8 did not complete process. He moved and took kids with him a couple months now. No notice to owner. No response to Sect 8 letters. Electric and gas are off. Sect 8 made last payment for... Read more »

Max Lavit Rosenberg
Max Lavit Rosenberg answered on Oct 30, 2019

If the owner/ or last tenant has vacated and taken all of their things and given notice of their leaving, you should be ok to move forward with renting the unit. However, you would be well advised to contact a landlord/ tenant attorney for further elucidation and information. Please feel free to... Read more »

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Would 15 year period restart if ownership changes?

My neighbor has been using a portion of my land (mowing, gardening, etc.) for well over 15 years. They never claimed adverse possession. I never attempted to stop them using the land, because we are good neigbors. They are selling their house and mowing away. Will the 15 year period start all over... Read more »

Christopher H. McCormick
Christopher H. McCormick answered on Sep 24, 2019

From your description it does not sound like your neighbor's use of the property was open, hostile and notorious as required by CT statute and you gave permission to your neighbor to use the land as they did. Also doe not sound like they would support a new owner's claim that this... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Connecticut on
Q: I was wondering how a federal lien in ct for his unpaid corporation employee taxes is filed on a marital property .

I never have been involved in business , not aware employee taxes not being paid, nor this would make him liable( us liable)

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 20, 2019

Employment taxes are the personal responsibility of any responsible party.

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