Real Estate Law Questions & Answers

Q: Neighbors planted trees close to fence where my pool and cement sit. I went to court to prove civil code 3479 and lost.

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 20, 2017

If you have a basis for appeal (which I don't hear in your question), you could appeal if you do so in a timely fashion. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: I've been displaced from my home 3 months due to repairs that need to be made. What rights do I have? Home is unhabitabe

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 20, 2017

See: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

Has your landlord provided you alternative housing? Is your landlord doing his/her reasonable best to fix the problems? If not, this may be considered a breach of contract, especially given the length of time you've been displaced. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,...
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Q: I have lived in my rental apartment for 10 years. During that time, I have frequently babysat two different friends' dog

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for New York on
Answered on Feb 20, 2017

What does your lease say about pets? If the lease is silent about that, your landlord may be able to institute such a policy for people who don't own pets already, which sounds like you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,...
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Q: if a neighboor erects a barb wire fence in a property dispute how far from posts ( his ) which I dispute can fence be ?

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 20, 2017

It depends on the law in your city re: fences. It sounds like you're in a rural area, so more aggressive fencing may be permitted especially to house bulls. If there is trespass, you may sue in court for that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: We are about to close on a house in CA and have released all contingencies but want out, can we get our deposit back?

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 20, 2017

Read the terms of your escrow agreement. What specific misrepresentations did the seller make? How material were they? Before you sign any waiver, consult with a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: Spouse had a judgement placed on them from a civil case,they placed a lien on our house.will a quit claim work for sale?

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 20, 2017

The lien is attached to the property until the lien is released via payment. See: http://homeguides.sfgate.com/can-creditor-place-lien-house-awarded-ex-53344.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: My mother left a will naming me executor in NY where she died. She has prop. in CO. How do I get it put in my name?

1 Answer | Asked in Real Estate Law and Probate for Colorado on
Answered on Feb 20, 2017

Assuming that you are not listed on the deed and the deed is listed as a joint tenant (contact the county clerk's office were the property is located to be sure), the estate will need to be probated. If you mother resided in NY, the estate will need to be probated in NY. As part of the process, the NY courts will grant various court orders, one of these orders can then be transferred to Colorado. Unless something goes wrong or there is a dispute you likely will not need to physically appear in...
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Q: If you have aTennessee modification of Deed of Trust and it matures June 2013 is it still good for ten years ?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Feb 20, 2017
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Q: If the judge gave me 30 days to move and I can't what will happen

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on
Answered on Feb 20, 2017

If you've been served with a judgment to that effect (or were in present in court when the judge pronounced his judgment), you are subject to that order or judgment. If you fail to move out, the next step will be to serve you with a citation for contempt of court, which will order you to appear and show cause why you shouldn't be punished for not obeying the prior order. Alternatively, the landlord may also be entitled to a writ of assistance, which is a judicial order removing you from the...
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Q: Should we settle or fight an imminent domain case?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Answered on Feb 20, 2017

Negotiate first, then fight, if the valuations are too low. Consult one or more experienced real estate lawyers with experience litigating eminent domain cases. They can advise about what to expect. Then you'll be better able to decide how to proceed. The contemnor rarely offers a real value on the first offer. If enough owners are successful challenging their valuations, it may get too expensive to do the project. Good luck.
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Q: Can a co owner who had exclusive use of the property stop paying the taxes on it let it sell in tax deed sale

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Louisiana on
Answered on Feb 19, 2017

As co-owner you are jointly responsible for the taxes. Your agreement with your co-owner is not something the taxing authorities are a party to and they don't care about it. They can look to either of you or both of you to pay the taxes. And if you don't, they can attach and sell the property. Your remedy will probably only be with your co-owner - not the taxing authorities. So the short answer to your question is probably "yes" your co-owner can let it get sold in a tax sale. For a real answer...
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Q: Home owners assotiations and fines! Fined for dog getting lose and my 14yr old driving to dump the trash with an adult.

1 Answer | Asked in Animal / Dog Law, Personal Injury and Real Estate Law for Missouri on
Answered on Feb 19, 2017

Ask under what section they are fining you as you don't see it in your agreement. If that doesn't resolve it take it to a lawyer who handles HOA disputes.
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Q: I was left 3 separate parcels of land with a few other people. Do they have to buy me out or do I have to forfeit it.

1 Answer | Asked in Real Estate Law for Nevada on
Answered on Feb 19, 2017

Five options: 1) Buy out the others; 2) get them to buy you out; 3) file a partition suit to force a sale or a compromise buyout; 4) stop paying taxes and eventually the taxing authority will seize the properties for back taxes (possibly leaving a shortfall that each of you will still owe); or 5) maintain status quo. Talk to an experienced local real estate lawyer for advice on your specific situation. Good luck.
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Q: We were scheduled to close on property in NYS and on the day of the closing one of the sellers unexpectedly died.

1 Answer | Asked in Real Estate Law for New York on
Answered on Feb 19, 2017

You should have a lawyer on this already. A next of kin can make an emergency application to the Surrogate to get an order to close. It is called Preliminary Letters. The authority to rent, etc. is no different than the authority to sell. Also, if next of kin agree, or the beneficiary of the will if there is one agrees, they can sign the deed. Your lawyer and the buyer's title company should be able to work this out.
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Q: Can my grandmother remove me from our condo deed in Florida?

1 Answer | Asked in Real Estate Law for Florida on
Answered on Feb 19, 2017

No, she can't. the deed names her and you (the quoted language, if accurate, is somewhat confusing, because it refers to "a single women (sic)" twice, but definitely creates a JTWROS. The dead could only be defeated were she to sue to cancel the deed, survive you (i.e.: remain living after you had died), or join with you in executing a subsequent deed.
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Q: 13 sibling own new orleans home,8 want no part of it.Can transaction be done to get this down to 5?

1 Answer | Asked in Real Estate Law for Louisiana on
Answered on Feb 18, 2017

Any that want to can deed their interest to the others. Have a lawyer prepare the deeds -- it's too easy to screw up. If the siblings will only sell after getting paid, that's their rght as a co-owner. Buy them out if you can. If some want to sell and others don't, the only way to force a sale is through a partition suit. You need to talk to a Louisiana real estate lawyer about your specific situation. Many offer free initial consultations. Good luck to you.
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Q: I'm 1/2 owner of a house.the other owner passed.he has 2 kids. Can I sell house without them going through probate?

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Answered on Feb 18, 2017

Depends on how the house was owned. Check the Deed. Were you and he joint tenants with right of survivorship? Were you married to each other? Did he leave a valid Will? If you and he were neither married to each other nor joint tenants, then you were probably co-tenants, which means you would have to probate his estate, at which point his lineal heirs would become co-owners with you (unless his will left it to you). But this just guesswork. Take your deed any other relevant documents and go...
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Q: I thought I was all set with permits to build an addition to my house but my neighbors are blocking it.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Answered on Feb 18, 2017

You can file a response to your neighbors objections with the city or county where the objections are filed. The governmental administrator in charge of your case will review the matter and make a decision. You will be then given the opportunity to appeal or even file a complaint, if applicable. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
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Q: My mom passed away she did not have a will my sister forge my moms name off the deed and put her name on it within week

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for California on
Answered on Feb 18, 2017

You can report forgery and elder abuse to the police. You can contact the County re: elder abuse as well to help your dad re: the allegedly fraudulently obtained POA. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: if a husband signed a quit claim deed when purchased couple of properties during the marriage because he was on bankrupt

1 Answer | Asked in Real Estate Law and Divorce for California on
Answered on Feb 18, 2017

See: http://www.courts.ca.gov/1039.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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