a license agreement was enacted well after a shed was placed on family property, adjacent to my mothers and fathers. License agreement stated that my mother and father could occupy and use the property and that agreement would terminate upon the sale of the house. The house just sold and we have... View More

answered on Sep 17, 2023
The license agreement likely includes language acknowledging the true owner, and stating that permission was then extended to maintain the shed. All this prevents adverse possession from running. In MD, "permission" continued until revoked. And the license can be terminated as per its... View More
The former Management Company (Community Association Management, LLC.) at my Condo in Mcdonogh Township/The Lodge section mismanaged the Property and now the buildings are unsafe. A Unit owner who is leader of the HOA (Home Owners Association) took it upon himself to fire the Community... View More

answered on Sep 6, 2023
Most of your question involves "governance" of the HOA. I'm sure you are familiar with the by-laws, rules and statutes that dictate how management is conducted, and how leadership can be changed. Are you a Board member? Perhaps you should be.
The courts give the Board great... View More
Maryland senior citizen hoping to receive some expert information regarding the regulations concerning such entities as MarketPro, as such a transaction may provide an escape route in my current dilemma that traditional realtors seem unable to offer. I have done some preliminary research, but have... View More

answered on Sep 5, 2023
Without a professional (lawyer or broker), you have very little protections. This type of entity preys on distressed sellers to scrape as much of the equity as is possible. They often ignore the consumer protection that is built into existing statutes and local ordinances by treating yours as a... View More
based on the FMV. I am paying cash, no loan needed. I am wondering the pros/cons of either (1) transferring the property into our joint names first, then completing the buy-out after the estate is closed, or (2) doing the buy-out through the estate, then we distribute the house/funds accordingly.... View More

answered on Aug 31, 2023
Thanks for your post. One beneficiary/heir buying out the other(s) presents a fairly common scenario.
When an estate has enough other liquid assets, then to eliminate transfer taxes it often makes sense to distribute the real estate entirely to the child who wants to acquire it and... View More
The day after settlement I hired a pest exterminator to take care of coach roaches on the property and he found two mice and evidence of foam sealant for mice however the seller never disclosed.
I don't know if there is infestation yet, but I would like to know what Maryland law says about this?

answered on Aug 29, 2023
As you describe the situation, the evidence seems minimal. You don't say where the property is located. For example, in the City, mice will move from neighbor to neighbor, as one exterminates. Also, there are alternate reasons to use foam to fill voids-- energy conservation. It is one of the... View More

answered on Aug 28, 2023
The two concepts are not at all related. First, in Maryland there is no restriction on where human ash may be scattered. You only need permission if on private property. They really are no different than the ashes from your BBQ grill, and there is no tax break for scattering the ashes from your... View More
I have had to lodge complaints at least four times regarding the failure to cut the grass in accordance with the HOA Agreement. On occasions where management has reportedly contacted the landscaping company, the grass was cut, but the problem persists with each subsequent service. As of today,... View More

answered on Aug 26, 2023
In most jurisdictions, the law and the courts treat HOAs as local democracies. If they violate their "constitutions," i.e., the Declarations and, to some extent, other adopted "laws," you might get a court not to grant a motion to dismiss. For the most part, your remedy is to... View More
How does the land go from being taxed as farm land to residential taxes?

answered on Aug 15, 2023
In what State and County? Your question deals with issues of local subdivision rules, State taxation rules, and local zoning laws. The act of surveying land is performed in service to issues raised by any one or all of these bodies of law. All good questions, but ones best asked while sitting... View More
The “survivor” is telling me that because my brother had open judgements, I have to pay for them (satisfy the liens) before he “the survivor” can sell the house. How is this true? The asset (jointly owned house) was not part of any probate.

answered on Aug 1, 2023
It appears that the Judgments were against the Deceased, not you, so that you are not personally liable for any of the Judgment Debts. Apparently the Liens are perfected against the property, and that survivor takes the whole interest subject to the liens. In this case, the liens were always... View More
The “survivor” is telling me that because my brother had open judgements, I have to pay for them (satisfy the liens) before he “the survivor” can sell the house. How is this true? The asset (jointly owned house) was not part of any probate.

answered on Aug 1, 2023
The answer depends on whether the liens are recorded on the property or, under state law, are implicitly liened against title, so the correct answer is to get a lawyer, do a title search, and resolve title. But, as a general matter, if, under state law, the lien was recorded against the property,... View More
need in order to make sure I do everything correctly and not against the law and to make sure I do not get into any legal trouble. Like what the process would be and what I would need between a Seller and a Buyer.

answered on Jul 19, 2023
An attorney would first need to know what you mean by "wholesale" -- do you intend to try and sell the property without ever coming into title? Or do you simply mean that you intend to buy property in bulk and once you have acquired same in your / your business name, resell to third... View More

answered on Jul 13, 2023
The only discharge granted was to your personal liability on the mortgage. The lien on the property remains. If you cannot afford the payments and stop paying, then the mortgage company can still foreclose and sell your house at acution to enforce its lien. What it cannot do is sue you and... View More
townhouse parking development-each house assigned two spaces. neighbor allows visitors to part behind her parked cars-causing two way road to be blocked

answered on Jul 10, 2023
Most townhouse developments ae governed by an HOA and the parking lots outside the rows of homes are private--not public-- parking lots. In that situation, you need to look at the governing documents and HOA rules for what remedies are available, which usually involves private towing contracts.

answered on Jun 29, 2023
Great question! In many situations, a new deed will trigger the "due on sale" clause in loan paperwork and require immediate repayment of the mortgage in full (for example if someone deeds all or part of their home or attempts to sell the house without paying off the loan).
A... View More
Hi we live on a plot with several acres of land. However an easement was created on our land back in the 1960’s as a back access to our neighbors plot. Before either house was built. Decided between friends I believe. This easement unfortunately runs through our backyard and close to our house,... View More

answered on Jun 17, 2023
You will need to do some more research or provide more facts, preferably in private with counsel. (1) How is the easement worded and recorded in the land records? (2) What was the actual purpose or circumstances under which the easement was first created--i.e., was it created "by... View More
Two corps. owned by same family members in same percentages.
LLC would be owned by corps., not the exact same people, but those same people own same respective percentage of shares.
Does partnership have to consolidate or dissolve?
What exceptions to transfer and recordation... View More

answered on Jun 16, 2023
Most real estate lawyers should be able to assist with such a transfer and the applicable deed affidavits and forms.
The transfer you describe (from a general partnership to 2 corporations owned by different owners than the general partnership) sounds like it would be subject to... View More
Mold/mildew caused by dryer vented to inside. I was not informed of it at purchase and I found out its against building code while researching this. Contractor came 4 times in 2 year period. I had to keep asking. Holes cut in wall for inspection by their contractor have not been repaired. I'm... View More

answered on Jun 12, 2023
The answer will depend on who owns what in your condo or HOA, who was responsible for the construction flaw, and who knew of the defect and concealed it. Unless the repair is worth less than the cost of the legal involvement, you may want to have the HOA docs, the advertising and closing docs, and... View More
My question can I have her buy me out so I no longer have any financial obligation. What is the best method for this? My thought was to get the house appraised then sell it to her. She would get a discount since half the equity is hers. So I would sell the house to her for (current balance) +... View More

answered on Jun 9, 2023
This happens in divorces all the time, with one spouse buying the other out by refinancing the property in their own name for enough money to both pay off the existing mortgage and pay the buyout amount to the other spouse. Typically you would enter into a written agreement regarding the... View More
In the Will, he states, "I give and devise unto my wife my real estate [home address] for the remainder of her natural life, or until she shall decide to reside elsewhere on a permanent basis, or until she shall remarry...she shall pay all maintenance cost, insurance, and property taxes at her... View More

answered on Jun 5, 2023
Hi and thanks for posting a real estate question.
The first variable is whether your father's wife is still living. This appears to be a life estate to your father's wife, with the life estate ending if the life tenant moves out or remarries.
You describe a position... View More
In the Will, he states, "I give and devise unto my wife my real estate [home address] for the remainder of her natural life, or until she shall decide to reside elsewhere on a permanent basis, or until she shall remarry...she shall pay all maintenance cost, insurance, and property taxes at her... View More

answered on Jun 7, 2023
You may only have a future interest after your father's widow (your mother?) no longer is residing in the house. You have no present rights to enforce, unless it has to do with an accusation that your father's widow is causing "waste" to the property (e.g., not paying the taxes... View More
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