Get free answers to your Real Estate Law legal questions from lawyers in your area.
The back yards are wooded and on slight incline. They also dug out a foundation and start building another house. They dug right next to the tree that fell on my house which softened the dirt and killed some roots.
answered on Jul 13, 2024
Additional information is required in order to provide a complete response. Is the tree located on your property or your neighbors? What is the extent of the damage to your home? Are you sure the fallen tree was caused by the activity of your neighbors? I would recommend speaking with an... View More 
Do I have rights to real estate property after divorce decree and signing no claim if i felt under duress?
I had a divorce 3 years ago. I signed divorce settlement with no claim to marital property specifically the residence we lived in over 5 years. I signed the settlement without lawyer... View More
answered on Apr 29, 2024
No, your case is over and the order(s) signed from that case stand, and cannot now be attacked, 3 years later. Unfortunately, when a case is going on is the time to hire an attorney to represent you and help you finalize the matter.
I am a landlord in Fulton county who has been evicting a tenant for the last 14 months. This tenant has filed a certificate into the Deeds Record. The certificate filed is a “certificate of trust.” This certificate contains information about a trust she has created and in this trust she adds my... View More
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answered on Mar 11, 2024
At the least you will need a GA attorney to file a Quiet Title Action to remove the cloud. There may be other courses of actions, but clearing the Title is paramount if you cannot get her to quit claim her asserted interest as trustee to you.
My daughter transitioned a few years ago. I'm trying to sell her timeshare that was purchased in Nevada. Does her will have to be probated again in Nevada to sell a timeshare she owned?
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answered on Feb 14, 2024
You will have to ask a NV attorney about the need for ancillary probate or not.
I have title insurance since I bought it is a second chance foreclosed property from xome.com platform
answered on Feb 3, 2024
If you have title insurance, the title insurance policy should provide coverage to defend against the claim to title. You will need to file a claim with the title insurance company directly. Schedule a free consultation to make sure your interest is protected.
My next-door neighbor was arrested for drug trafficking and the residence has been under surveillance for the past 6 months. Last week, several police cars, the SWAT team, and detectives showed up with a search warrant. They confiscated evidence and arrested him. He is being held without bail and... View More
answered on Jan 22, 2024
While the owner may not be required to evict the tenants, the landlord could be sued for maintaining a nuisance. Additionally, if the landlord continues to rent to the criminals, the landlord could face criminal prosecution.
The space in question was purchased as office space for a business by the owner of the business but the deed has the individual as the owner not the business it houses. Does this make a difference in determining if the space is owned by the business or to the estate of the individual? In the case... View More
answered on Jan 4, 2024
If a property is owned by an individual, it does not matter what business operates in the building. The individual owns it. If the individual is no longer living, the property will pass to his heirs at law if there was no will, or the beneficiaries in his will, if there was a will.
A previous ques a person asked about forcing a tennant in common sale this was part of the answer.
Unless it is his homestead, this sounds like a job for a suit to partition by sale
Why does it matter if there is a homestead exemption. And if there is, what type of case should be... View More
answered on Dec 30, 2023
The person may have been referring to the laws of a different state. A tenant in common can request partition of property regardless of whether it is homestead property. Schedule a free consultation to confirm if a partition is the right option for you.
I cannot figure out how to use your website
please me navigate it
do you need more information
real estate landlord tenant question - I am the owner of the property and need to clear out former tenant belongings
I am 80 yrs with limited ability on a computer and... View More
answered on Dec 27, 2023
If no representative of the estate has been appointed, the possessions of the deceased are still in the house, and no rent has been paid, you can file for eviction. You can also make a claim against the estate for unpaid rent if probate is ever opened.
My dad (75 yo) has cancer/parkinsons. We realized early on that we had to sell his 3 bedroom home because it no longer works for him. My sister has said that she now plans on using all of the money to buy a larger 5 bedroom home for her, her family, and my dad to live in and putting her, my... View More
answered on Dec 21, 2023
If you own a property jointly with anyone, their debts can attach to the property and severely jeopardize the ability to sell the property in the future. The situation you describe could end up as a gigantic mess. Schedule a free consultation to determine the best course of action to make sure you... View More
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answered on Dec 12, 2023
No, worthless. No legal description, no recording information, and real property is conveyed by deed not a contract term.
Now we have ran into leaking pipes, he won't pay for it to be fixed, the wood is rotted in my kids bedroom from water damage. He said he self insures, and he won't fix water damage even though the floor could fall through. He said it covers if the house catches fire or a tornado blows it... View More
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answered on Nov 27, 2023
You own nothing but a lease with an option. You might want to move unless the owner will give you a deed in exchange for a note secured by a mortgage. Usually renters are evicted and all monies paid in are forfeited.
My Difficult neighbor is trying to state that where the boundary line begins/ends to My property actually is 5 to 7 feet away from the rock That has been placed as a marker by the surveyors of plots/property ownership, Hence saying that I am unable to put a fence up where the actual block to divide... View More
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answered on Nov 7, 2023
Property boundaries in Georgia are generally determined by a recorded plat, a legal land survey, or the property deed descriptions. If there is a dispute about where the actual boundary lies, it's usually necessary to get a new survey conducted by a licensed land surveyor. In Rincon, as... View More
The land owner is trying to evict me from my hut/house that I put/built on their land with their permission
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answered on Nov 1, 2023
The titled owner owns the improved real property. A GA attorney might file suit for unjust enrichment but it will be a difficult case.
answered on Oct 23, 2023
Yes. However, your lender will likely require a survey and appraisal before issuing a partial release of the property to be sold.
answered on Oct 19, 2023
Unless your lease provides otherwise, you can file the eviction immediately after issuing the demand for possession/notice to quit. Some leases contain a 3 or 7-day notice provision prior to initiating the eviction.
Willow point neighborhood at Cobb county Georgia
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answered on Oct 17, 2023
No, a homeowners association (HOA) does not have the power to enroll non-members in a new trash service in Willow Point Neighborhood, Cobb County, Georgia. Under Georgia law, HOAs are limited in their ability to control the behavior of non-members. HOAs can only enforce their covenants, conditions,... View More
answered on Oct 15, 2023
Your husband's will needs to be probated. After it has been probated, the executor should provide the royalty administrator with a copy of the will, the death certificate, the letters testamentary, and a request to transfer the royalties to you. Once that has been done, the royalty... View More
Few months and my realtor said she didn’t give us permission to rent and we owe her commission but she didn’t check the 4D box with any amount? Can I rent my home
answered on Oct 12, 2023
If your agreement is the Georgia Association of Realtors Exclusive Seller Brokerage Engagement Agreement, you can unilaterally terminate the listing and rent to someone else without owing commission if Section 4D is not filled out. Be careful about relisting and selling the property during the... View More
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answered on Oct 11, 2023
In Georgia, the powers and rights of a Condominium Homeowners Association (HOA) are primarily determined by its governing documents, which typically include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and other rules and regulations. Generally, the HOA has the... View More
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