I ask them not to block my drive, and the next day there is a chain across my drive, I lived here 25 yrs.... As well I had a drive put in off the main highway can they legally block that part of the drive
Hire a competent attorney to search both titles. There may be an express Easement of record, or you should have an Easement By Prescription. In the latter case, you will have to file suit to have the Easement declared in force.
You may or may not be an heir of your Sister. Hire an attorney to conduct title searches, then determine heirship. Then have a knowledgeable Affiant make an Affidavit or Heirship, which is to be recorded. Keep in mind the other heirs may not wish to convey their interests over to you. An...Read more »
man has also passed leaving a wife. Her name is not on the warranty deed but she has agreed to sign property over to me. How can this be done easily? Also there is a lien in my father's name against property.
Well it can be done but probably not easily. The wife is actually making a gift to you since it is her property to deal with as she wishes. A deed would transfer the property back to you and there would have to be a release of the lien. You should get with a real estate attorney who can...Read more »
That heir will need to file a Partition Action for the Court to sell the property, then distribute the net proceeds to the heirs/tenants in common. He could sell his individual share but most purchasers would pay very little for it.
Most decedents die intestate. As such their heirs-at-law take the real property at death, and the next-of-kin take the personal property. If a Will is not Probated it has no effect. A recorded Affidavit of Heirship should be the source of title for the Decedent's relatives. If a buyer...Read more »
If you own the real property, you also own any improvements on it. If it is a mobile home with wheels, it is not a fixture. Hire someone to check the property out, such as an attorney. An eviction may be in order, and you need to examine the property tax card on this parcel.
Parents owns several hundred acres .we built house and sheds on it . 25 years they draw up land lines to show who gets what. turns out the corner of house and shed are on sisters part . Parents won’t change it. What rights do we have
If the Parents have not executed Deeds then you still own nothing. Once you have a Deed then you need to get a Boundary Line Agreement (to be recorded) with your Sister. There will be a cloud on both of your Titles, so it will inure to both Parties benefits to establish the Boundary of record....Read more »
If one of the children passes away before the property is split and they have a lien for medical bills, do they siblings inherit that debt or the children? and Do the children inherit that siblings portion of the property?
The possible medical care Lien is against the property, not the Heir's At Law. It is not their personal obligation, but could be executed against the land or the Estate of the Decedent who incurred the medical bills. And the children will take by representation of the deceased sibling. You...Read more »
I purchased a property in the land tax sale. I have paid all the taxes up and have my deed. There is a house on the property that was not assessed during the land sale. The people who live there have a deed for the vacant lot next to mine, but the house they live in is on the land that I purchased.... Read more »
Probably not. They probably own both tracts by adverse possession under color of title. You should have performed a title search prior to purchase. And tax sales are notorious for sometimes conveying nothing, as there are no real covenants of title. With tax sales, you always need a competent...Read more »
The property is heir property and the owner would sell it, but believes all heirs would need to be involved(3 total). The owner has been the only heir involved at all with this property and has paid the taxes on it for at least 11 years. This piece of property joins to mine and I’ve maintained... Read more »
Hire a competent attorney to first conduct a title search. Then he needs to determine heirship and record it with an Affidavit of Heirship. Finally get a Deed executed by all Heirs At Law over to you. They may demand some monetary consideration.
The grantee owner takes subject to your possession. He will have to file and prosecute a suit to evict you. Ultimately the owner will recover possession, so start looking for another place to live unless you obtain a lease to rent from the owner.
The entire house has to be gutted out. There are 14 siblings. How can we take full ownership by quick deed or filing house abandoned. Walls have to be torn down. Bath tub commode sinks and cabinets have to be replaced. We want to fix it and move in but not sure since so.many have rights do what can... Read more »
Hire a competent attorney to conduct a title search and determine heirship. Then draft a deed for the other heirs to convey their interests to you as the fee owner. Also you need to check the taxes, as a tax sale might be in the works. If there was a mortgage, then foreclosure might be imminent...Read more »
Hire an attorney to draft the Deed from you as grantor to your child as grantee. It can be a Quit Claim Deed or a Warranty Deed. If there have been no title problems, go with the cheaper to record Quit Claim Deed. You might wish to consider retaining a Life Estate, with the Remainder going to...Read more »
Need legal advice. Parent passed and left 4 children without a will. The eldest was unable to attend to matters after the parent passed and left another sibling to manage affairs. Now the sibling left to manage property is unable to keep up with property taxes and subject to miss payments and lose... Read more »
Unfortunately, without setting up an estate for your parent, there is not a whole lot that can be done. Your best bet is going to be to get with an attorney sooner rather than later, so that the lawyer can set up an estate, appoint someone to manage the estate, and facilitate transfer or sale of...Read more »
Usually the lawyer files and serves a Notice of Representation. Sometimes an Amended Answer under Leave of Court is necessary, especially in a land case where the Defendant does not know what the law is.
Acquired a commercial property through a tax sale legally. Pearl River County legally conveyed the property to an entity I control. Does the entity I control have clear title to the conveyed commercial property and would a title company issue an owners title policy on the conveyed property without... Read more »
I am in a dispute with the owner of land adjacent to mine because he has a single-wide trailer 10' over my property line. After obtaining two independent surveys showing he was encroaching he refused to move the trailer so I obtained a lawyer and filed against him in chancery court to quiet... Read more »
More than likely you must prove your title going back many, many years., probably at least to a common grantor or a patent. You r lawyer should have known that. Did he even perform a title search first? It does not sound like it, and you are pretty much back at square one. Good Luck!!!
That is called a Boundary Line Dispute. Hire a competent attorney to run two title searches, yours and theirs. If necessary hire a surveyor. Then if your title backs you up, file suit quickly against the neighbor, who is probably not going to be able to sell while you are trying to protect...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.