After closing on my home, but before moving in, my neighbor had his property surveyed. Among other things, there is a semi permanent structure built by the sellers husband, who is deceased, that the survey shows is encroaching on his property. On the Disclosure Statement, the seller stated there... Read more »
answered on Jun 24, 2022
The answer to this question is: maybe. There are two different issues. The first is the encroachment onto the neighbor's property. The second is the basement work done without proper permits.
As to the first (encroachment issue), the seller would not be liable to you for that unless... Read more »
After closing on my home, but before moving in, my neighbor had his property surveyed. Among other things, there is a semi permanent structure built by the sellers husband, who is deceased, that the survey shows is encroaching on his property. On the Disclosure Statement, the seller stated there... Read more »
answered on Jun 22, 2022
Just going into the initial question in the title. It is possible you'll have some options. But, you'll want to talk to an attorney about your case, if any.
answered on Jun 16, 2022
You have not provided enough information for a meaningful response. However, if you have a signed and enforceable land contract, the seller cannot change the terms without your agreement unless the contract provides for the change. You may wish to consult an attorney.
Court order a culvert install under the new drive way they installed and all water must flow to the drainage ditch with the new culvert installed they have done nothing it will be a year in 2 months and when the spring comes again I will have major water problems again Do I need to contact a... Read more »
answered on Jun 13, 2022
I concur your best results will be with a local real estate attorney in your corner.
But be prepared to provide that lawyer with facts like a copy of the judgment, who 'they' are and why YOU can't just install the culvert and charge them the cost (I assume because they did... Read more »
Court order a culvert install under the new drive way they installed and all water must flow to the drainage ditch with the new culvert installed they have done nothing it will be a year in 2 months and when the spring comes again I will have major water problems again Do I need to contact a... Read more »
answered on Jun 13, 2022
You could start with an attorney-drafted letter, but you may more expeditiously move for enforcement of the court's order. Either way, you'd be wise to hire an attorney.
She is 50/50 on deed in Michigan and Mortgage is in just my name …Do I have options ?
answered on Jun 2, 2022
A real estate attorney will need to see how the title on the deed is held. Being 50% owner is not enough for a court to intervene with legal instructions as to how a property may or may not be partitioned. Real estate law is steeped in centuries of legal history - Deeds contain "magic"... Read more »
If yes - How do I determine damages?
answered on May 10, 2022
Mr Geers is exactly correct, and I would add, if you don't know what your damages are, they likely won't 'stand up' in Court. The FIRST thing you need to think about when litigation is possible is 'what are my damages and how much might I expect to recover?'... Read more »
I settled back in the fall of 2021 The court order is to repair the easement and install a colvert so the water can flow back in to the drainage ditch like it before they changed it How long do i wait or do they have to do this court order before i have a letter or refile back in court
answered on May 9, 2022
It will depend on what the court order or settlement agreement (if applicable) requires. If there is not a time set to complete the work, then it should be done within a reasonable time frame. However, most court orders will have a set time for a party to follow the court's requirements.... Read more »
I’m married and in the process of buying new home from my own personal money. Friends are telling me to add my wife to the new house title, so in case of my death, she can keep the property without the hustle of going through the court system to keep it. But at the same time, I told her that this... Read more »
answered on May 4, 2022
No. Once she's on the deed, she is an owner. You should consider a lady bird deed. But keep in mind that in case of divorce, a spouse always has a property interest in real estate regardless of what you do, absent a well drafted post-nuptual agreement.
Our property is shown in the Real Estate For Sale Listing of our neighbors. However our Property Survey Markers have been digitally removed as well as No Trespassing signs?
answered on May 4, 2022
You mean in the PHOTOS of the listing?
It may be a bit 'iffy' to digitally retouch photos in a real estate listing but it isn't 'illegal'.
I remember as a young adult looking at a house that was in my price range and the photos in the listing were all... Read more »
They moved to Florida months ago and left some furniture behind. We closed gave them 2 days per the closing agreement and they are still dragging feet on removing the items. Can we take possession of the house and allow them to come and get their stuff later.
answered on Apr 27, 2022
It sounds like you should be able to take possession and change the locks, but to be sure you should take your documents to a real estate attorney for review. In situations like these I usually tell people they can put the items in storage and give the former homeowner notice that they can come get... Read more »
she is now handicapped and habitat for humanity is saying she needs this in order for them to help her out. My concern is the loss of money owed to fulfill the contract.
answered on Apr 24, 2022
There are significant differences between land contracts and mortgages and before you do anything I’d confirm directly with the habitat attorney they won’t help if someone has equitable title instead of legal title and then consult with your own attorney before you do anything.
Most... Read more »
My girlfriend wants her name off the mortgage that we both share. She wants me to refinance and pay her half of equity that's in the house. If I can't afford to pay her half of equity can she force me to sell the home? I have already been approved to take over the mortgage loan by myself.... Read more »
answered on Apr 25, 2022
This is essentially a 'divorce' and you need to approach it that way. PLEASE seek local legal representation so you can both get the answer to 'what can she do' (as Mr Harris has pointed out the answer will be different depending on how you own the house!) and what YOU should do... Read more »
I recently bought a condo and the seller agreed to share some repair costs with me. It was supposed to be done before we closed, which is why we don’t have anything signed but she got really sick at the end and didn’t get it taken care of fully. Only 2 things fixed vs 4 on the list. I tried to... Read more »
answered on Apr 20, 2022
Enough? Anything's possible I guess. The fact that your evidence is mostly emails and texts doesn't dictate whether you have a winning case or not. There are ways to get those into evidence, so the trier of fact can weigh it. But keep in mind evidence is not proof.
Think if it... Read more »
The company is headquartered in Indiana, I signed the contract in Michigan.
answered on Apr 14, 2022
We don’t have enough information to determine which state has jurisdiction, and the proper venue for a suit. There may be diversity jurisdiction in federal court. Consult with an attorney to determine whether, and where, to file suit.
To gavel the road. They are tearing up my yard with machinery and parking it on my land. I live in Michigan and on my deed it says my land abuts up to a private road but it runs through my land not on the edge. And in Michigan it needs to be 33 feet wide with a turn around big enough for a fire... Read more »
answered on Apr 14, 2022
The permissible use of an easement is based on the language of the easement grant. Uses of an easement that unreasonably exceed the grant of easement can be enjoined in court. You will need to set up a consult with a real estate attorney in your area so the attorney can review the documents... Read more »
Condition of floors did not change in the one months time the buyers had showing, performed inspection, had final walk through and a walk through again 30 days after closing (30 day occupancy clause). Buyers have been in house for a week and they have two large dogs and I have yet to see proof of... Read more »
answered on Apr 10, 2022
Without seeing the accepted offer, closing package and any escrow agreements you signed at the time of closing and before, it is impossible to answer your question cogently.
Did you have an attorney review the closing package and offer? If you accepted an offer without an attorney review,... Read more »
My lease is up March 31st. I let my apartment complex know March 12th that I would be moving out by May 14. I was never given anything about renewing my lease or going month to month. I was never given anything about my rent increasing on April 1st until March 12th and they said they are allowed... Read more »
answered on Mar 31, 2022
If your lease is up on March 31 and you don't leave by that date, you are a holdover tenant. If the lease addresses the issue of holdover rent, the lease provisions apply.
You were certainly entitled to receive a copy of the lease when you signed it, but I am not aware of a... Read more »
Taxes are up to date and so are utilities. Do we have to go through probate to acquire the home or can we handle the paperwork filings ourselves?
answered on Mar 29, 2022
It sounds like you will need to open an informal estate so a personal representative can be appointed. The personal representative can then sign a deed transferring real estate to the heir(s) of the estate or to a buyer.
10 yrs. The agreement was for them to pay property taxes for rent. I have not been able to hire an estate atty to get this switched to my name. My brother wants them to have the property free of charge. My parents left a Will with me as executor back in the 1980’s (before I was 18). So these... Read more »
answered on Mar 23, 2022
Well, it depends. Let's take the questions one at a time. First, can those people continue to rent at the property, notwithstanding your parents' deaths? Yes. When the landlord dies, the tenants' leases continue, but they are now with the landlord's estate, instead of with the... Read more »
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