A lady bird deeded house I own 1/2 of is up for sale. The realtor said a prospective buyer found a big foundation issue. I am wondering why the realtor didn't catch this in her tour of the house. The other owner chose the realtor and has had the only access to the home. I was unaware of any... Read more »
When did you email the attorney? 7 PM on Friday? It will likely take a couple of days to get a response.
If it is urgent, I always tell my clients that email is NOT the best way to get my attention. There is far too much 'spam' to make your email stand out.
Call the... Read more »
I planted them in the alley, it has since been condemned and the trees are now on the half that my neighbor gained by less than 2 feet. I have offered to buy the land and he refuses. Is there a way I can legally remove the trees? Or anything at all?
You probably mean that the alley was vacated.
A tree, once planted, becomes part of the land. It belongs to the landowner. That’s the simple answer, but there are possible exceptions. For example, rights to timber can be owned separately. I think that your neighbor owns the trees.
January of 2020. Before she went to the nursing home. she put a new roof on the house. She applied for Medicaid in January. She was denied because DHHS said that the value of the new roof is a divestment of three-fourths of the $13000 roof cost. They are more or less saying that the life estate is... Read more »
They may be right or if the life estate requirements were that she maintain the house they may be wrong.
Hard to say without actually examining the documents but why was this mechanism used rather than a ladybird deed which would have made this moot?
It may be too late at this... Read more »
We really want them to (reasonably) fix the water issue so it doesn't happen again. They are not appearing to be cooperative. What rights do we have?
Hard to say without specifics but if they modified the natural flow and your land flooded they may be liable for damages. The trick here is was the DRAIN modifying the flow or did the BACKUP cause it.
You’d have a pretty significant burden of proof and that litigation won’t be cheap. A... Read more »
I am an international student planning to study in the US (Michigan). There is a strong chance I won't be able to get my visa and actually move in, but my landlord is saying that if that happens I will still have to pay all rent due under my lease. Is this true?
It may be true. If you want to avoid liability you could insist that the lease provide for your option to terminate it if you don't receive the visa. If it's too late and the lease has already been signed, you could try to sublet the leased premises. We would have to examine the lease... Read more »
My ex boyfriend and I built a house together. His credit was not very good so it is entirely in my name. I also was the one to put the down payment on the house (roughly $80,000). We spent the last 3 years building the house (my two daughters live here as well), but then he left... Read more »
There is no one ‘easy’ answer.
Did you put anything in writing — like a lease or a ‘buy-sell agreement’? Did he buy building materials or out ‘sweat equity’ into it?
This is a situation fraught with uncertainty but if his name was not on the deed or the mortgage why... Read more »
My property is landlocked. My west neighbor owns the land we use as an easement. My East neighbor erroneously believes it’s her land that we use as an easement. I got a survey done and it confirms she’s in error. She continues to mow the lawn and maintain the easement we use as a driveway that... Read more »
You can't get title adverse to an easement through 'adverse possession' (there is such a thing as a 'prescriptive easement, but that's not what is going on here) and merely mowing grass doesn't create 'possession' that is 'hostile' to another's... Read more »
We own a house with a neighbor who we share a driveway with. We also have woods behind us. The property line is a little uneven, but splits the property in half for the most part. Unfortunately, part of the neighbors property is the edge of the start of our driveway. In our deed, when we bought the... Read more »
Is there a private road agreement between you? Usually when homeowners share a driveway there is a private road agreement. You may have pull a title abstract to verify this. This will determine the parties rights, BEFORE you have to go to court without any legal guidance.
the say at home order. I'm afraid the tenant is not going to move. The agreement was I get the keys at closing. Can I legally make them move?
Once the closing of the sale occurs and you become the owner of the property, you will be legally entitled to evict the occupants. Whether and when the district court will process and enforce an eviction becomes the issue. Evictions are being adjourned until after May 1, or some other date, by the... Read more »
I bought 37 acres - in March 2020 -made up of 4 parcels. 2 of them have home sites/ platted subdivision. I do not plan on developing the land. I want to dissolve the plat and have it combined as 1 37 acre parcel
The way you've worded this is a bit confusing to me. There is a FORMAL platted 'subdivision' of 37 acres with 4 lots? That doesn't sound right. It sounds more like it was simply a 'lot split'. If the later is the case, you can simply ask the municipality and taxing... Read more »
A platted subdivison, in the form of a Summer Resort containing 10 lots, created a right-of-way "foot path" easement. The Summer Resort sold each lot and the Summer Resort no longer exists. Therefore, does the foot path still exist despite there not being a Summer Resort?
If the... Read more »
Because all the lots have been sold doesn't mean the "Summer Resort" no longer exists. If there was an easement reserved the dominant tenant (people who have the right to use the easement) likely still has that right. No matter what other access may exist. However, there is no... Read more »
This was done without my consent. Does this violate my privacy rights.
It would depend on how those pictures came about and what exactly is shown in those pictures. I don't think you'd have much of a claim if your favorite coffee mug is in the picture; you may have an issue if something sexual or otherwise "not safe for work" depicting or linked to you appeared.
They bought the Land Contract out in 2018. I thought we had nothing else to do with this property as I hired a Title Co. (Michigan) and what turned out to be a double-dealing attorney. I don't know what a PAO is. I know what a POA is Power of Attorney, but this PAO
Absolutely talk with a local real estate attorney. It's possible that you were served notice as a potential interested party, and it may otherwise have nothing to do with you. But don't take that chance, especially when dealing with real estate and money.
I'm not forcing him out,he can still live there. I'm splitting apart with my wife, since it's my house that I pay the mortgage on when he misses payments and gets behind, can I legally move back in if I have no place to go. The verbal agreement was he would get a loan by 3 years in... Read more »
That depends on the terms of your lease. "Verbal" leases are notorious for being unenforceable because the terms are so hard to define, but unless you SPECIFICALLY agreed to allow him to have sole possession of the place, I'd say there is no reason you can't share the place with... Read more »
I am currently living in an apartment with three other girls. One of the original tenants decided to back out of the lease and sublet to an individual who is no longer allowed at the complex from previous issues. This was not brought to the landlord's attention so the individual is continuing... Read more »
If the landlord discovers that this person is on the property, they could have that person removed by the police and charged with trespassing. You'd need to check your lease for what it says about subleasing. Generally, all tenants are equally responsible for the terms and conditions in the... Read more »
I don't get any phone calls back. They denied 6 people to buy my trailer. They slandered my name to potential buyers. They screwed the doors and windows shut. Posted 48 hour eviction to the door. I didn't know I was evicted until the day after it expired. They extended the 48 hour to move... Read more »
You need to see a local attorney and show that person all the paperwork you've received as well as the relevant case number(s) so that the attorney can provide you competent advice going forward. Without seeing documents as to what went on, it's impossible to give you a good answer. If... Read more »
I believe she took advantage when he was ill. He's 84 and in poor health. My sister does not live with him. What are my options? Thanks.
You could file for guardianship/conservatorship over your father. Then, if the court believes your father is in need of legal protection and the past conveyance was not in your father's best interest because of duress or undue influence, the court could set aside the transfer. To do any of... Read more »
Probably. If “putting sis on is deed” means that the property was transferred by Dad to Dad and Sis, then Dad and Sis need to sign the deed that conveys it to
Dad, Sis and You. I would need more details to give a definitive answer. An attorney could figure this out once the intention is clear.
Withhold my deposit if they never renewed my lease and redid a new checklist
There needs to be an inventory checklist from when you moved in, not from the lease renewal -- be it an 'automatic month to month renewal or something more formal.
If there is no checklist from when you moved in, they will have a hard time showing YOU created some damage. That does not... Read more »
My trailer still sits on lot its been over a year I get no phone calls back I haven't received any letters do they just get my home do I owe for all this time? Is there anything i can do about them denying my potential sales? Slander? Treble damages? I tried to pay my back rent they would not... Read more »
They do not have to accept your sale offer or offer you an explanation as to why. Sounds like they foreclosed on your trailer. If that's the case, and proper procedure was followed, there is nothing you can do at this point. The fact that there was a notice taped to your door, even though... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
