...enable them to install an electric line and additional lighting for their parking lot. They hired a private surveyor to justify their claim to the strip of land but we contest the result based on county land records. How should we proceed?
answered on Sep 21, 2023
Adverse possession is a concept that developed in the courts. If someone conspicuously and openly occupied a property for a long period of time, making use of the property, adding improvements, etc., they were in a position of becoming an de facto owner of the property. It was unfair to allow some... View More 
...enable them to install an electric line and additional lighting for their parking lot. They hired a private surveyor to justify their claim to the strip of land but we contest the result based on county land records. How should we proceed?
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answered on Sep 21, 2023
You have a boundary dispute. If the adjoining owner puts in the line, and you do nothing, you acquiesce to the new ascertainable boundary. Hire a KS attorney to search both titles, and get a boundary line survey. You may have to sue for a boundary dispute, so put your witnesses together now.... View More
We paid the back taxes in full. And never got the deed and paid the taxes every year for 13yrs and then last year the house sold out from under use with no notice
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answered on Sep 14, 2023
In situations where a property has unpaid taxes and goes up for a tax sale, it's crucial to follow the specific legal procedures to secure the deed and maintain ownership. If the property was sold without proper notice or due process, you should consult with an attorney experienced in real... View More
i'm just curious if some how, some way it could fall back as any sort of copywriting thing.
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answered on Sep 5, 2023
Using a PDF template for an "Agreement to Sell Real Estate" found online for your personal use should not typically pose copyright issues, as long as you are using it for your own transaction and not distributing it commercially or infringing on any specific terms of use or licensing... View More
Our HOA was administratively dissolved in 2009. We bought our home in 2020. The HOA has yet to reinstate their conpany and are trying to collect dues from us.
answered on Jul 24, 2022
A short answer is "no and yes."
Here's a longer answer: Any corporation in Kansas, including a nonprofit corporation, will generally lose their ability to engage in the purpose for which they were formed once they have been administratively dissolved. That's the... View More
What is his obligation? Is he responsible for the mortgage if she doesn't pay?
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answered on Sep 1, 2023
Whoever signed the Note is liable personally. If he was a cosigner then he is liable on the Note indebtedbness.
I am buying a home through a rent to own agreement. It was negotiated at $700 a month. Owner was to pay property taxes. It says tenant was to pay for homeowners insurance. I've been told it is illegal for the tenant to purchase homeowners insurance unless they have ownership interest in the... View More
answered on Jun 1, 2023
Your question begins by referencing a written agreement. You should consult with an attorney about the enforceability of that agreement. The general things you report having been told may or may not apply. Do not delay in consulting with an attorney before the alleged increase in rent.
Is there a legal way to force the sale because now he’s not making any mortgage payments
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answered on Apr 4, 2023
If there is sufficient equity in the property, hire a KS attorney to file an Action for a Sale For Partition.
The reason I was summoned is because I am an heir to the property owners. A loan was taken out on a piece of land in Missouri by my parents in 2008. My father has since passed away and my mother is the responsible party and she has defaulted on the loan. I want nothing to do with the property but I... View More
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answered on Mar 23, 2023
Before you make an irreversible mistake, hire a competent KS attorney to search the title. The secured loan may be the decisive factor, but at least look into what you own and then decide whether to convey it away for nothing.
My brother passed w/o a will. I hired an attorney to get me thru probate ect. Now that everything is final and I was determined the sole heir, I want a deed in my name and they said no, the decree of descent is all I get
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answered on Mar 17, 2023
Whoever determined you were the sole heir might execute an Affidavit of Heirship. Record this as your source of title.
I gave the house to my brother who passed away afterwards and he had gotten married. Then after he died his wife got married right after to someone else I am living here now. And his name is spelled wrong on the deed
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answered on Mar 13, 2023
Hire a KS attorney to search the title and determine heirship. You might be an heir, thus tenant in common. If so stay there forever or sue for Partition. On the Deed, apparently it was your mistake and you cannot complain about it.
title.Everyone else has signed off on the paperwork I have an aunt who will not sign the paperwork and the house legally belong to my grandmother which is not her mother and the only claims that she would have is that my grandfather was married to her which is her father what's best can I take... View More
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answered on May 23, 2022
Has anyone determined who the actual Heirs-At-Law are? You probably need a competent KS attorney to determine who the present Tenants In Common are, then proceed with a Deed with a complete Derivation Of Title Clause in it, and maybe more.
My attorney has not been able to get my discovery and this case is 8 months old he tells me that the courts won't talk to him maby because he is from out of town. He says the only way he believes I can get the discovery is if I fill out a application for Diversion. I told him I believe the... View More
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answered on Mar 22, 2022
It sounds like your attorney is doing his job. Either plead guilty or start preparing for Trial, and a possible appeal. It does not appear that further Discovery will help any more than what you already know.
answered on Feb 21, 2022
If a transfer on death deed was filed before the person passed away and was properly drafted, the deed places the property outside of possible claims except for Medicaid. If the person who passed away or her or his spouse received Medicaid benefits during their lifetimes, the Medicaid claims may... View More
My father passed away March 31 2021. After he passed away, my neighbor asked if I wanted to sell 5 acres of our 40 acres we have to him. I said yes but made it clear to him I would have to wait until the land was switched to my name. (Side note- my neighbor and the lawyer who handled the probate... View More
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answered on Jan 26, 2022
Such a sale can go one of two ways. First, the heir you can wait until the property is transferred to the heir and then sell it, in which case the sale proceeds are made payable to the heir.
Or, the property can be sold by the estate while still in the estate, in which case the sale... View More
Shortly after we wrote her POA she took items out of our house and land that did belong to her Our neighbors stated that they saw them taking it items out of the house and putting them in a box moving van. And it was revoked in May I have found out that my car and some property was sold and she... View More
answered on Dec 6, 2021
If you believe property was stolen, you might start with a police report. The police have resources you cannot match to deal with possible theft and its investigation.
Financial attorneys-in-fact have an obligation to provide a financial accounting, and you, with assistance from legal... View More
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answered on Sep 28, 2021
You will need to search the title first. Assuming you own an interest, you are probably now a tenant in common with another. Depending on what you and your attorney decide, you may need to file actions for Quiet Title, Ejectment or even a Partition. And someone will have to pay taxes, note... View More
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answered on Sep 27, 2021
Mother will have to hire a competent KS attorney to file a Declaratory Judgment and Injunction action. Search both titles for easements and row's. If nothing, she relies on an easement by prescription. Without legal suit she loses the driveway forever.
Can he sell with out my consent?
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answered on Sep 15, 2021
You have not stated the exact estate you own, but either tenant in common can sell their individual interest. Usually no prudent buyer would purchase without receiving the fee simple absolute conveyed by all titled owners. Partition is also a possibility.
My husband is refinancing his mortgage. We are now married so the bank said I have to be a grantor. It looks like the grantors (both my husband and I) are required to pay the taxes. Is this legal? Should it not say the borrower is responsible for the taxes instead of the grantors? (It specifically... View More
answered on Aug 13, 2021
It looks like there are a number of different topics/questions here. Generally speaking, a bank will want both spouses to sign the mortgage, which is to say they want both spouses to consent to the lien being attached to the real estate. As a married couple, both spouses have an interest in the... View More
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