It is possible but few lenders would be willing to loan against such defective collateral. The borrowers might see if they can borrow enough money to buy out the non-borrower's interest in the real property. The loan, note, deed, and security instrument can all be executed in one closing.
Usually when a seller reserves mineral rights, they reserve them forever. You might think about negotiating a lower price because you will be getting less than you originally expected, or say no to the reservation of mineral rights, or say yes to only a partial reservation.
i have 50/50 custody of children. It was also decreed that i have the right to fair market rental value in the separation orders. I have paid the mortgage for 6months of the separation and i would like to evict her to make her go find a new home. i would like to give her 60 days or 90 days to find... Read more »
The only way to "control from the grave" and proscribe a beneficiary from selling/doing as they wish with a bequest, is via sanctioned restrictions: either divide ownership among usufruct and naked ownership, or it has to be put in a Trust. Best of luck.
My son has 5 felonies and we jointly own a house 50/50. He'll go to jail and stay anywhere from 7 months to 36 months and each time he comes back to my home(his house) he destroys it a little bit more. This time he tried to burn it down around his 86 yr old grandfather and myself. I'm... Read more »
During heavy rains, the small storm drain in front of my house gets overwhelmed and water backs up indoors. The city cleaned ditches for me once; the next time I contacted them they ignored me. This is not a flood zone at all. This is a miserable situation. Is the city responsible? If not, who? I... Read more »
One option you could try is to contact a member of your local government for your district, maybe a city council member or someone along those lines. If the situation you describe is something that other residents in the vicinity are also experiencing, it's possible that an elected official...Read more »
We bought 2 acres in St Tammany Parish, LA about 2 yrs ago that the neighbors have “helped themselves” to for several years prior. We can’t keep them off the property (their driveway crosses the property line, they dug a pond that is 80% on our land, and their trampoline and swing set are on... Read more »
If your deed and survey show that you own within certain bounds, you can have an attorney send a formal demand, failing which you could also try to file a report of trespass with law enforcement. If the neighbors continue to resist those efforts, you will have no other option than to file suit - a...Read more »
No. Under Louisiana law, property is conveyed only in 1 of 3 ways: by a deed (if someone is still alive), by succession (either by Will, or default state law for distribution of one's estate), or by adverse possession (owning as owner for a certain time period). If you are talking about...Read more »
Yes. You should always put issue in writing, give a reasonable notice to cure (or time delay provided in the written lease, if one), and if problem goes unfixed, then the Lessor has breached its duty. Lessor also has duty to provide safe, healthy environment, even if other warranties against...Read more »
Son has power of attorney . He gave an easement to the neighbor of the land to use the property (fishing) and land maintenance but one of the other co-owners disagree . Since an easement was granted can the other owner who contest forbid the neighbor from entering the property
When someone passes away, a power of attorney is no longer effective. The Will controls and all three children of the deceased will subsequently own, as long as all accept the succession. The children need to open succession to effect the change in title from the deceased person's name to...Read more »
Attempting to sell my house located across street. Way too much vehicular traffic for a rural dead end street. Subduvision covenants classify lots as residentual only. What legal action can be taken. Lots are zoned r1 by the parish.
If it is rural, you may not have a property management company enforcing the restrictions. If that is the case, you may still be able to rely upon municipal/parish zoning. If the neighbor is running a business, with traffic, out of a residence, zoning/code enforcement may be able to put a stop to...Read more »
I am interested in obtaining a lease on a "land locked" parcel of land (A). The parcel has another parcel (B) parallel to parcel A that separates it from a public road. Parcel B has a state maintained utility line that transverses both parcels. Does this utility servitude allow legal... Read more »
I would not assume that a utility servitude should equate to access and the servitude is likely only in favor or the utility company. Pull the land record granting the servitude to confirm its extent and also attempt to contact the owner of parcel B to see what, if anything, you can work out for...Read more »
Normally, yes. Funny to see this question pop up, as Investigative Journalist, Lee Zurik, just did a piece on a Parish Government doing something similar (Plaquemines, I believe). Caveats come into play, if there is a prior servitude in Entergy's favor, if a survey actually designates the...Read more »
Your permitting department should be able to shed light on this inquiry for you. While the city or parish may not necessarily require that you use a specific source, you will find out if water is provided by the city/parish, or if you need a well and septic tank. Then, if that is the case, you...Read more »
Good Afternoon My father has been deceased for almost 34 yrs. While visiting family, my uncle questioned me about receiving my fathers royalties. I informed him I was unaware of what he was talking about. He began informing me that our family purchased a lot of land and we leased part of the land... Read more »
I would suggest you speak with an attorney as soon as possible. Time delays may apply to limit how far back you can go to collect your father's portion of the royalties. In other words, the longer you wait, the less you may be able to receive in past royalties. As far as cost, attorneys can...Read more »
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