If a neighboring property deed from 1908 has reference to bearings in an original survey in 1863, should any surveys performed thereafter be performed using the magnetic north declination in that same year? If a new survey was performed in 2011 using 1983 bearings and caused a defect in my new... Read more »
Declination is always a problem that is rarely addressed until a surveyor gets cross examined. Apparently it is the adjoining property's calls with the 1863 bearings, not yours. You and your predecessors have probably acquiesced to a ascertainable boundary over the years, and you probably...Read more »
In the state of Kentucky, we signed a purchase contract for a piece of real estate and was set to close at the middle of June. The owner unexpectedly passed and we are unsure of his will, estate, or heir information. Is the purchase contract legally binding and are we still legally able to purchase... Read more »
If the contract was enforceable against the decedent, then it is enforceable against his estate. You will need a probate attorney to help you work through this. The decedent’s estate will need a probate attorney, too. Things will progress much better and smoother if all parties have legal...Read more »
They told her because it was not dated that she could not get a copy of it. Second part is they told her she could not move out even though her lease is up on 10 June she cannot move out until the new apartment is ready for her to move in meaning if it’s ready on the 15th she hast to stay there... Read more »
I have owned the property for almost a year now and the previous owner still hasn't retrieved anything off the ground but wants to try now after this long and I don't want him to have it now without compensation of some kind maybe even storage fees?
It seems I was named on an affidavit of heirship. Does this mean I would be signing away my inheritance? My dad owned the land before they married, when he was married to my mother. My dad lived in Tennessee. I live in Lexington Ky.
I bought the house from my parents years ago. The foundation has become unsafe and I am not fixing it. The house was built in the 1900's. I am paying off the mortgage in June and do not want the house. Can I give the title to the city in Kentucky, even if they do not want it? If not, what are... Read more »
If you are paying the mortgage note, then why throw the money away? List the property for sale now. You should get some offers, quick. It may still be a loss, but you should recoup something and will probably make a profit, and have to pay capital gain taxes. If the taxes are not paid,...Read more »
Current owner(husband) pays current mortgage. His wife passed away a few years ago. No will or estate/probate was done upon death. He wants to sell now. She was gifted real estate from family. They were married at the time of the gift. He just found out his name was not on deed to the real estate.... Read more »
My family has lived in this has for a little over a year during the inspection before the home was bought they made a list of problems that needed to be fixed, however they did not disclose information about a large hole in the wall that hid behind cabinets that the owners tried to patch with sheet... Read more »
Fence has been up for 18 years . The property next door has sold 4 different times no one has said anything until this last owner who had it surveyed . We're over the line by 4 inches . He says he wants to build a house and says our fence is keeping him from building it and putting a driveway... Read more »
Acquiesence generally needs at least 20 years to establish the Boundary. You might hire a competent attorney to approach them with a possible Boundary Line Agreement, with possible payment by you to them. It is up to them to file suit, and they will have a burden of proof to show encroachment....Read more »
Grandmother wanted to give me home before she had a stroke and had to go to nursing home. Can she still sell me the house from the nursing home? I keep telling her I don't want to get into legal trouble. I am her power of attorney we are paying for her care out of pocket so medicaid is not... Read more »
Yes, presuming she is in her right mind and still wanting to transfer the house to you. I would NOT use the power of attorney to sign for her if she is of sound mind and can sign herself bc the POA use reeks of undue influence (even if there is none).
The roofing company and my realtor been trying to call and no answer. The Roofing company actually did get ahold and said they the insurance company sent a check with her name and her deceased husband's name on it and would not be able to cash it. Since then, shingles have blown off my roof... Read more »
Hello my grandmother left a deed stating that her property was to go to my fathers heir. When my dad died his brother seized the bank account and property providing a faulty deed that stated my father was my grandmothers widow the person that supposedly prepared the document was disbarred. Is there... Read more »
Initially hire a competent attorney to search the title. He should also determine heirship and record an Affidavit of Heirship as the owner's source of title. Legal interpretation of Grandmother's Deed will be in order, and it may not create the estate you believe, which is probably...Read more »
There are french lines draining water from the top of the park directly under my mobile home going from N to S, and also from the top of a high hill going under my home going W to E. They're visible, I have a swamp under my mobile home, which I own, and it is damaged by black mold due to this... Read more »
A Kentucky attorney could advise best, but your post remains open for four weeks. At this point you could reach out to attorneys to discuss in greater detail. If you gathered your medical records, that would be valuable in a legal consult. If the engineer provided you with a report, that could also...Read more »
Debt collector requires money orders. Payment has been waiting for them at usps for 15 days. USPS supervisor confirms that my money orders are there. The debt collector's office has been notified and I have contacted them to inquire why it hasn't been picked up with no concrete answer.... Read more »
I have title insurance. Title company admits to oversight. I made a claim. What is the company’s responsibility? Fear of losing buyer’s interest. I would never of bought property if I had known of issues
Title Insurance does not have many covered risks. Hire an attorney to clearly state your claim under the Policy. Usually if the risk is covered, the Title Insurance Company will attempt to cure the title defects, but rarely pays out any money to the insured. If the Claim is denied, you might...Read more »
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