Get free answers to your Real Estate Law legal questions from lawyers in your area.
The neighbor built a horse pen and temporary barn on my lend. It has been weight years since this happened. I want to move it back, but have been told I lost my rights as this is now an adverse person.
Lately he has moved the pen boundary again.
answered on Apr 25, 2018
It takes 10 years to gain title by adverse possession, and even then an adverse possession claim requires the presence of certain elements; mere occupancy is not sufficient. See a lawyer. He or she can advise you as to the strength or weakness of the neighbor's claims, and what remedies are... View More
House is in a trust left to 5 siblings. 1 sibling wants to cash out. 2 of the siblings are willing to buy him out. How do we record the transaction to reflect: Bought out sibling has no future interest in the house. 2 siblings who bought him out now each own his share 50/50. New entitlement =... View More
answered on Apr 25, 2018
You need an attorney...to draw up an agreement and make certain all are in agreement. It appears you are going to leave the property in the trust and are simply modifying the trust. It may be possible to modify the trust based on the written agreement of all the parties, but in some cases it can... View More
My friends bought a house recently that has a deck that apparently extends ~10' into land owned by the neighborhood. The deck has been there 20+ years [possibly since the house was built]. The HOA is demanding that they remove it. Do they have any legal standing to keep it? Note that... View More
answered on Apr 25, 2018
Merely being there for ten or more years does not automatically transfer ownership under the doctrine of adverse possession, or create an easement (by prescription). However, I think there is a good chance you do have a prescriptive easement. I suggest you see a real estate attorney, who can... View More
Closing date passed last year on 7/3/17. Contract was contingent on a water well to be completed, but it did not happen in the short time allowed (less than 2 months). Buyers did not provide me (seller) with financing updates and apparently was not ready to close with funds either. OREF website... View More
answered on Apr 25, 2018
It is not possible to answer your question without seeing the document and knowing what communications took place between buyer and seller. In general, a contingency is for the benefit of a specific party. If for the benefit of the buyer, the agreement may state that the contingency is waived, or... View More
Our dad pays rent but doesnt live on the property. The bills get sent to him in another county. The landlord knows that and also knows that My boyfriend and i are the only ones that have actually lived on property for the past 8 years.
Apparently the landlord has sent a text about us... View More
answered on Apr 25, 2018
If this is residential property (which appears to be the case) written notice, in conformity with Oregon's residential landlord tenant act, must be given to whoever is a tenant, as defined in the statute.
answered on Apr 25, 2018
In general, if the nature of the easement is to provide a permanent benefit to/for other property owned by the Seller, the easement would be considered "appurtenant" to the other property, and the benefit of the easement would transfer with the transfer of title to the other property.... View More
I have two questions regarding my legal rights & obligations.
Question #1: Can my neighbor use this property to put his drift-boat dock on my land?
Question #2: If he should get injured on my property (Lot A) can he sue me?
answered on Apr 25, 2018
As to your first question, because a lawyer can be sued for malpractice it is just not a good idea to answer questions like the type you have through anonymous contact on a website where the lawyer can't review the actual documents and ask questions. I certainly wouldn't attempt to... View More
This means within 3 feet of prop. line/on both sides of the prop line. Right?
answered on Apr 23, 2018
I have no idea what you are talking about. I think you are looking at language in some specific document and assuming that it is some type of universal language that an Attorney can explain to you. If this is something that is important to figure out I would set up a consultation with an Attorney... View More
my siblings sabataged my duties as claiming sucessor by delaying a sale by acussing me of murder to begin with,then getting the buildings pulled off the market twice,costing 17 months out of 24 then turned around and sued me for partition,i was removed as manager and all rent money taken before a... View More
answered on Apr 22, 2018
You simply can't put something this complex on a website, summarize what happened and ask a question and expect a decent answer. No competent Attorney is going to try to answer something this complex. They will need to sit down with you and review everything that happened and advise you and... View More
We were told our realtor is not allowed to even know how many offers came in. Ours was a full price offer within hours of the listing- we requested the lawn tractor as an additional.
answered on Apr 20, 2018
This answer is made based on Oregon Law:
Technically a seller is offering to see at a specific price and you are correct that a buyer stating that they agree to buy at that price should technically be an acceptance and that makes a binding contract. But in real estate sales there are many... View More
answered on Apr 19, 2018
This answer is ONLY for real estate in Oregon - so if this is the title for real property in Oregon, this language means that when one owner dies, the other owner instantly becomes the owner of the property because they are the survivor. In contrast, tenants in common would mean that each owner... View More
Mom is still alive and has alzheimer's, but she can sign if necessary. Son has power of attorney to sign for both of them. Thank you!
answered on Apr 9, 2018
I'm afraid that the information you have given doesn't answer all the questions an attorney will need to ask to figure this out. What I can tell you is that a Power of Attorney is void as to the person who gave that power but is now dead. Also a Power of Attorney may be void as to a... View More
recorded documents incorrectly at county offices make a survey impossible without a boundry line agreement. with the new owner hostility and aggressive confrontations I put a fence on my legal description of lot. New owner will remove my fence if I don't sign over the 5' which i will have... View More
answered on Apr 8, 2018
There is no such thing as a survey being impossible. Get a surveyor and work out the boundaries of your lot using your legal description in your deed and the maps filed with the county. A surveyor can file a new map with the county if the old map is wrong.
Land surveys sometimes have to... View More
14yrs ago I purchased a lot in vanc wa. new home owner purchased to the east of me and claims my property and charged me with trespass.
with property being recorded incorrectly it is impossible to have survey done. why is no one looking at the legal description filed with the... View More
answered on Apr 8, 2018
A professional surveyor can survey the property and place markers to show where the boundary lines are. The legal description as currently written may or may not be correct. If it is correct then creating physical markers to show where the boundary lines are will alleviate you and your neighbor... View More
I and my father are still shown as owners on the deed. She took advantage and married him on his deathbed while he was not in his right mind. Can she legally take and sell my property
answered on Mar 27, 2018
If there are two legal owners on the title to real estate the property cannot be sold until both owners agree to the sale. Your other recitals raise some legal questions about whether your step mom used undue influence to obtain her share of the property. You will need to go an talk to an... View More
Or is simply posting a notice enforcable? I rent a room from the homeowner and she has decided to terminate my 1 year lease by posting a notice on my door. Do I have any rights as a tenant?
answered on Mar 12, 2018
I am not clear on your situation. A landlord may serve you with a 90 day no cause termination of tenancy notice so long as by the time it becomes effective (i.e. day 90 or later) you are on a month to month tenancy. A landlord may not terminate a fixed-term lease early with any form of no cause... View More
We did not have them on a lease but I have texts and emails showing they agreed to pay for 3 months. They left after a month in the middle of the night, leaving us to pay their half of the rent which we cannot afford. He also left a trailer full of his stuff on our private property and I assume he... View More
answered on Mar 11, 2018
It is not clear whether you are just a co-tenant/roommate or a landlord either leasing to them or subletting to them. Regardless, anything more than a month to month tenancy requires a written rental agreement, specifying the term of the lease, etc., signed by the tenant's sought to be bound... View More
At the bottom of the agreement it says all lines with arrow must be signed. The principal broker did not sign the agreement.
She gave us three options .
Work with another agent
Pay 1 percent of purchase price
Or make our new realtor pay them half her commission .... View More
answered on Feb 28, 2018
Most listing agreements have an expiration date. Can't you just wait until the agreement expires and hire someone else? Why would you owe them any money unless they brought you and offer that was at the agreed asking price? I would take the contract to a lawyer because no one is really... View More
A Father came to look at our rental for his newly graduated college son. I gave the Father a Rental Application as well as an Oregon Rental Application Addendum & Fee Disclosure. The Father dropped of both signed agreements (by his son) two days later with a $50 non-refundable processing fee.... View More
answered on Feb 27, 2018
IF there is to be an early termination fee, then it MUST be a fixed term lease and not a month to month. Fixed term leases MUST be in writing, signed by the parties. Only month to month tenancies can be by verbal agreement alone. Now you may still have problems with unhappy tenant(s) and it is a... View More
With my son being the only one written on the lease, and 2dogs. She knew about each of us living here and gave us approval to live here. 3 months ago she lost her job here and a new manager was brought in. Daughter and boyfriend moved out in may 2017. Now we are being harassed about myself telling... View More
answered on Feb 23, 2018
You should have been at least listed on the lease as permitted occupants - but that is behind you now. As long as they accepted rent for 3 or more months knowing you were there, they likely have waived their right to terminate your son's lease or evict you directly. However you don't... View 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.