answered on Mar 30, 2023
Contracts generally do not need to be in writing to be enforceable. Certain types of contracts do, such as those for the sale of real property or leases for periods of more than year. But unless excepted from the “statute of frauds” which requires certain agreements to be memorialized in... Read more »
answered on Mar 30, 2023
As a general matter, and there may be some exceptions where, e.g., performance begins or acceptance may be implied, an “offer” is just that, and until both sides agree (by the other side accepting the offer) to something, it is not enforceable.
The damage is caused by my neighbor tying his trees to my fence. I have asked him not to do so and have cut the lines whenever I see them. This has gone on for months. There is damage to my fence (it now leans in his properties direction) and I am wondering if I can hold him responsible to pay for... Read more »
answered on Mar 21, 2023
If you own the fence and it is on your property, you can seek to hold your neighbor responsible for any damage caused by his/her unauthorized use of your fence. If the damage is less than $10,000 you may sue in Small Claims Court for money damages. However, if you also want an injunction... Read more »
advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”
WAS ALL OF THAT LEGAL?????
It’s been a few years.
Do Towns... Read more »
answered on Sep 22, 2022
Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.
We have an adjacent neighbor whose driveway has two exit points: at one end onto a main road which is what they are supposed to be using, the other end onto our church parking lot and then onto a side road. Part of the driveway that leads to our parking lot crosses over part of our property. The... Read more »
answered on Aug 23, 2022
Yes and no on the ownership. If you write to them and tell them to stop, that cuts off any ownership issues. You can legalize the driveway through your land by doing what it called an easement. It is a recorded document, like a deed, that states that the driveway is for access but subject to... Read more »
There are 3 owners that live on the adjacent property. One is a farm with 28 acres, 9 homes and businesses. One is a restaurant with 2 acres. I own 1.9 acres and have 2 homes on my property. The farm with 9 homes and businesses has the most land and travels the whole length of the shared road. They... Read more »
answered on May 17, 2022
The type of easement described here is a roadway easement for ingress and egress to another parcel of property. In this case, ingress refers to having the right to enter a property, while egress refers to the right to exit a property. An example of this type of easement is a shared roadway through... Read more »
My grandmother died a few years back and my father and three siblings inherited the property. My father no longer wants his share of the land but my uncle and aunts still want their shares of the property. What is the process to go about so my father no longer has any bearing to the land? This land... Read more »
answered on Apr 20, 2022
If your grandmother resided in Jamaica at the time she passed, the laws of Jamaica determine how her property will be distributed. Therefore, you should seek counsel in that jurisdiction.
Contact original surveyor. In New York State, courts will allow de minimus non-structural encroachments, such as fences. Past court decisions have allowed even more than 5 inches, electrical wires with exterior lighting, stone walls, etc. if meets this statute, non-structural, such as your fence.... Read more »
answered on Nov 5, 2021
You can move your fence, or agree with them to give an easement for the disputed lands. Five inches will not make title unmarketable.
Currently some family members have built houses on the land. We would like to find out how much land she would currently have? We like to built on the land as well. Not sure where to start? Or how much this would all cost. We have asked some family members but no one seems to know anything. Thank... Read more »
answered on Mar 13, 2021
You would need to ascertain who is the vested owner of the property by having a "last deed search" run. Once you are in receipt of the deed, this will reflect who is the "of record" owner of the property. If it is discovered that the land is currently owned by... Read more »
I should have gotten a lawyer to represent my interests at the time, but our co-homeowner agreement seems very lopsided now. I don't want to sell or take on another mortgage, but I need some kind of relief from the onerous conditions she keeps imposing. These include limiting my privacy,... Read more »
answered on Nov 28, 2020
One option as a starting point could be to arrange a consult with an attorney to review the agreement. Without seeing that, it could be difficult for an attorney to advise meaningfully, solely based on general principles of contract law. Good luck
I’ve lived at this property for over 10 years they recently purchased their property which is already fenced
answered on Nov 17, 2020
We need more factual background to better answer your question.
If your fence height is less than the legal max and it's located on your property, then RPAPL § 871 won't help the new owner requesting for removal of your fence unless it's encroaching on his/her land.
No one else in town has to be fined it even says so in an article the town put in the post journal! It is my first offense and they stated that no fines for first time offender I have a dumpster so I can dispose of things because I’moving and a trailer that I put unwanted things in to take to the... Read more »
answered on Oct 26, 2020
I don't know where you reside, but dumpsters are often regulated at a local/township level. Some cities have ordinances that require you to obtain a "dumpster permit" even if it will be placed on your private property. You may want to contact your local/city/municipal township for... Read more »
are more restrictive. Will the local law have to be rewritten and can all the extra restrictions be added right back in?
answered on Aug 18, 2020
As a general rule, state laws generally supersede local laws. There are settings where local laws are sometimes stricter than state or federal laws. In terms of local laws being rewritten, that could be up to city officials, based on peoples' feedback. It would be best to consult with an... Read more »
I'm having trouble finding honest property managers who are not looking for me to just give them card blanche to my property... take advantage of my situation. Is it time for a lawyer yet. I'm afraid to go to the house Myself because the squatters were a major part of the reason I left my... Read more »
answered on Aug 17, 2020
The squatter thing is a whole issue, since you cannot evict people now, and even squatters have rights as tenants. You need to call the police and report it as a break in. Waiting so long is an issue. There are honest property managers, but in a small building that generates little income, it is... Read more »
This is a civil court. This is a land issue.
A neighbor wants to use my part of a property. There is no easement.
answered on Jul 6, 2020
One of the real estate attorneys here could answer your question in the best manner, but you await a reply for three days. It's unlikely that an attorney could give you a turnkey price based on the brief description provided. An attorney might want to set up a paid consult to learn what the... Read more »
Bought a home 10 years ago. Title company at our closing found that attached lot was never transferred to previous owner some 30 years prior. The lot was mistakenly put in previous owner.s name. Previous owner used as a yard , cared for it, and paid taxes on it for 30 plus years (tacking). I... Read more »
answered on May 11, 2020
An adverse possession case proceeds in a manner governed by the Real Property Actions and Proceedings Law. Among other things, you may be required to find the next of kin of the property. There are issues with your case. For adverse possession, you need to believe you own the property. It would... Read more »
Hello, I am looking to start a home business in NYC. I researched and it seems to be possible under the Multiple Dwelling Law, due to the creative nature of the business (a home recording studio for music producers). It will take up less than 25% of my home and only one person will be in at a time.... Read more »
answered on Apr 28, 2020
This is a relatively in-depth question that would need some research and additional details from you. You would need to check building rules, bylaws, zoning, multiple dwelling law compliance (if applicable), rent regulatory rules (if applicable) etc. Most likely though it is not permitted if you... Read more »
It is my understanding that my father and his siblings each purchased a piece of land in PR at the same time more than 30 years ago.
My father was NOT married when he purchased the property. He then went on to marry my mom whom he divorced in 1990 before passing in June, 2018.... Read more »
answered on Mar 19, 2020
It would be better to post your question about how to find information about property ownership in a board for Puerto Rico where the property is locate. If you intend to file to probate/administer your father's estate, the proper place to file will depend on where your father resided at the... Read more »
During a title search on a property a permanent Town sewer utility easement was recovered. In the document it says «...grant and release PERMANENT EASEMENT TEN (20) feet in width across the lands..”
Making it confusing what is the width 10 or 20 feet?
Is it necessary to correct... Read more »
answered on Jan 7, 2020
Greetings. This appears to be a scrivener's error. You will need an attorney to reform the document. The attorney will file an action in court asking the court to determine whether 10 or 20 feet was intended by the parties that created the easement. The Town will be joined as a party to... Read more »
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