90% of the driveway is on our property. The easement was granted by former owners of our house in the early 1900s, and the current neighbors lived there since the 1940s. The matriarch of the family passed away in December, so no one is living there while it’s cleaned out and prepared to sell.... Read more »
The other people would have to sign a release of their easement rights to be recorded in the county records. But they are under no obligation to agree. If they are willing to do that, and they might want payment, then use the Find a Lawyer tab to retain a local real estate attorney. Talk to...Read more »
After closing, I started moving in to my new home, then received a call from my agent, saying that we could not take ownership of the home. The seller is still married, and lied to her agent about it. What are my rights? Any options? What does this mean for my loan, that has already settled?
If the deed indicated that seller was unmarried, and seller then signed it, you have a claim for fraud against seller. If you purchased title insurance, talk to them first, then use the Find a Lawyer tab to retain a local litigation attorney to review the situation and advise you of your options.
Unless the original signed lease specified otherwise, then when it expired, you became a month to month tenant, and either tenant or landlord can terminate that occupancy at the end of any month by giving 30 days written notice. Tenant is responsible to pay for any damages to the premises beyond...Read more »
That could be argued in court. Check if the contract offer specifies a particular method of delivery. If there is a dispute about whether it was timely delivered or received, then if the parties cannot work it out, a court might have to decide. Use the Find a Lawyer tab to retain a local real...Read more »
Company lost money order after move in. Instructed me to request refund from western union, there has been delays due to Covid-19 and rental company giving inaccurate information about what money order was lost. Constantly being harassed by notices posted on my door and emails stating I need to pay... Read more »
They can't force you out. They would have to evict you to get you out, and that could take weeks. So don't let them bully you. Try to get the refund a soon as possible. If you make any rent payment, be sure to always get a signed receipt. Otherwise, you can't prove you paid, and...Read more »
I have moved into the property 3 months ago and the landscape was not done and is still not done today. I made all the monthly payments in full so far, but due to not being able to use the property appropriately I would like to deduct 10% of each monthly payment until the landscape is finished. I... Read more »
I bought a property and the neighbors are claiming they have an easement further into our property than we were made aware of. The easement in several places of the deed reads as being “18’ wide easement from south line of 10acre tract.” Then at the very end of the deed is this statement,... Read more »
Whether or not you were "aware," does not matter. Your property is subject to the terms of the recorded document that established the easement. However, sometimes there is sloppy drafting when an easement is created, which might be true here. A "call" is the distance and...Read more »
Paying rent and half the utilities even though our nams isnt on anything. I have multiple people who can say we have been living there. Well we recently found out that they arnt adding us and they are breaking there lease and moving. I was wondering if by law if they are just allowed to kick us... Read more »
The current owner needs to terminate the land installment contract. If the land installment contract has been in existence for more than 5 years, or if more than 20% of the purchase price has been paid, then the current owner must bring a foreclosure action. If less than 5 years, the contract can...Read more »
If only your sister's name is on the deed, then it is her home, and you have no rights to it. Use the Find a Lawyer tab to retain a local real estate attorney to review the deed and advise you regarding the purchase, if your sister is willing to sell.
Ohio recognizes dower rights of spouses, so you must sign the deed to release your dower rights, and they will be unable to sell unless you do that (assuming they have a buyer that knows that). If they both sign a deed without you, you still have a claim to the property against the buyer. You can...Read more »
As a general answer: each city has its own rules about maintenance, in addition Ohio's statutory and common law requirements. Many tenants with apartment issues have found assistance with their city's code enforcement division, who can mandate changes to comply with the code. Other...Read more »
Her life insurance beneficiary is only entitled to the proceeds of the life insurance policy, which can be collected by the beneficiary providing a death certificate to the insurance company and proof of identity. Any other assets and belongings pass according to your mother's will, or...Read more »
This happened over 2yrs ago and the title office and everyone else has given us the runaround. The property has since taken on extensive damage due to vandalism ect.. What should be our next steps. Would the county be at least partially responsible for damages? The criminals were ordered almost... Read more »
Both of our names are on the land contract. Very soon after our divorce, he skipped town, letting me and my son stay on the property. I paid house payments, insurance, and taxes. But the deed is still in the previous owner's name. Now almost 30 years later he's back to "take care of... Read more »
It sounds like it will appraise no problem, so that should not be an issue. Your niece's loan officer will want an appraisal for the mortgage company, but they should handle the closing/title insurance/tax escrow, etc. The loan officer will not talk to you, so ask your niece if anything else...Read more »
I am also not adding his name to the loan but the title agency says he had to be at closing to sign a “marital interest” sheet or we can’t continue. Why if it is in my name, and he has nothing to do with it? How do I get around this?
There are some mandatory state fees (recordation, conveyance fee), and many attorneys charge about $250 or less to draft a deed. It also depends on the nature of the deed. E.g., quit claim or general warranty.
The settlement says to take me off of the loan of the house in a "reasonable amount" of time. It has been almost 8 years. She refuses to take my name off the house. How do I start the process of taking my name off of the mortage?
Your remedy is to file a contempt motion against her for willfully violating the terms of the divorce decree. 8 years is way more than a "reasonable" time to get you off the loan. If she claims she doesn't qualify to refinance it, the Court will likely order it sold so you will be...Read more »
All three of us each pay 1/3 of the taxes. I am trying to get a current appraisal for which I alone will pay for, so I can sale my 1/3 of the interest which we share in common. The one living on the land said the appraiser can appraise the land but not HIS HOME. We all three own the home too, no... Read more »
Each co-owner is entitled to occupancy and possession of the home, so your certainly are legally entitled to have an appraiser enter. It is not "his home" totally. If he will not cooperate, then you can file a partition action to have the court order an appraisal of the entire property,...Read more »
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