Never once did they address parking on our walk thru. Not 1 sign is posted anywhere in the entire complex or gates, addressing parking. My car was not near a fire hydrant, stuck, blocking any entrance, or impeding traffic, foot or vehicle? Nor did they give any notice, 72 hours or otherwise... and... Read more »
Create a paper trail showing that you requested a permit for your car. Sue all three in small claims because the security co is just an agent of the LL, and the tow company is just an agent of the LL, too. There is a section of the VC that prohibits a company from towing when the registered owner...Read more »
You haver not stated what estate you own. Assuming you are tenant in common, then all six TIC's own undivided interests in the entire tract, not "shares". Selling to a third party is possible for any or all the tenants, and the buyer then takes what the former TIC had. The...Read more »
Your question raises a number of important issues. If the parents add the children to the deed with them as owners, each of the children would acquire a present interest in the property. Assuming two parents and four children on the deed, each would be presumed to own 1/6 of the property unless...Read more »
Ohio law allows landlord to do showing after giving reasonable (24 hour) notice. But there isn't anything landlord can do to force you, if you refuse for health concerns. but landlord could file an eviction. Try to work it out with landlord.
I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to...Read more »
My sister was the holder of the will. I was told she lost the will which we all knew how he wanted the estate to be left to his children. Since she lost the will the court suggested we do a estate transfer. If we do the estate transfer it not only will go to his children but the now ex wife since... Read more »
The remarriage is irrelevant. The theft of the Will by the sister is a felony, but it must be proven. After all, storing the Will with one of the heirs or beneficiaries was just plain stupid. The widow is entitled to her intestate succession or her spousal share (often called dower) rights, which...Read more »
A person seeking to be the conservator of another's person or property (that is two different types of conservator) must file a petition in the County in which the conservatee resides with the Superior Court, usually the Probate department. There are a lot of hoops to jump through, you will...Read more »
If all tenants in common do not agree to sell property a certain way, then there is no sale. The possible sale price might make all three happy. But if no agreement, then any of them can file an Action for Partition. However the maximum sale price will probably not be realized by the Court.
The buyers declared residency as being CA, but have moved out of the country without disclosing that information to us. We're being told the check could take 6-8 weeks to clear. It has not been deposited. Their lawyer has not responded since we contacted them about the foreign bank/foreign currency.
The standard way to force a co-owner to sell real estate is through a "partition action". That is a lawsuit where the court orders the division or sale of property. It takes time and can be expensive. In your situation, it might make more sense to see about instituting a...Read more »
My lawyer put in the divorce paperwork that he needed to give me a quit claim deed for this property. My ex told me I don't have to sign a quit claim deed because my claim to the property only existed while we were married. Is that true? Should I sign one anyway since my lawyer included that... Read more »
Assuming you mean you want to sign a quit claim deed to him - why bother with the time and expense of doing that? If he wants or needs one - he will ask you. If you divorced in North Carolina and if the property was only in his name and you made no claim for the property then yes, very likely any...Read more »
I live in apartment and I am unable to use my screened porch and Closet on porch for 4 years now. The porch beam that is supporting the 2nd floor porch is rotten and collasping. Due to the rotting beam, water is leaking into storage closet and porch causing mold, smelling and odor. When I go out... Read more »
While I cannot advise you what to do or advise what might happen if you do break your lease I will tell you that most cities and counties in Florida have great health departments that tend to situations exactly like this. Give yours a call.
My brother and I jointly own a mortgage free home in NC that is under contract. Is a POA required from my brother in order for the closing to go forward? If so, is it mandated to be sent to me by mail to sign and have notarized and sent back to the lawyer? Or are there other means of his sending/... Read more »
Yes in order for the property to be sold your brother will need to execute a POA. While virtual notarizations are currently acceptable in NC, they are only allowed for reasons related to COVID and this does not meet the requirements. It sounds like you are going to have to push everything back...Read more »
No she does not own 1/18th of the property she owns 1/18 of every square inch of the property. If she is refusing to sell then your only recourse is to start a partition motion before a judge and ask for permission to either divide the land or sell it.
I am interested in buying a property that does not have a deeded access. There is a private road connecting it to a county road. The listing agent says that road cannot legally be blocked, denying me access to the property. If this is true I want to buy the land. When I was shopping for a... Read more »
The answer is in insurance not at law. The legal answer could get tied up in a astoundingly expensive trial on the existence of an easement by estoppel. You should draft the contract so that it is contingent on the insurability of legal access and egress, and you should run not walk to the exit if...Read more »
My mother passed away this January and her property deed lists one of my other sisters, JB, and myself. The third sister, TH, was not on the deed, but was left everything in my mother's will, including her property. I found out that deeds take precedence over wills in MA.
Without seeing this deed it is difficult to respond to the question other than to state that it seems that JB deeded her interest to your other sister TH and that you should still have your undivided interest in tact now along with your other sister TH instead of JB .
Scenario: I am hiking near Zion National Park and come across a fence that says "no trespassing". I'm trying to reach the highest point in Zion National Park but it is surrounded by cliffs (which I can't climb) and private property on the adjacent lands. There is a sign posted... Read more »
In Utah, if you own property, you have a right to control who enters that property. Without an invitation, you are trespassing. If someone sues you for trespassing, they normally need to show what damage you did on their property to win money. In unique cases, someone may win more money than normal...Read more »
The rights and responsibilities do not change just because the ownership percentages are not balanced. The only thing that changes is that the smaller percentage owners would receive less from a sale or any income from the property.
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