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Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: My apt complex has a security company tow numerous cars daily. In un numbered, uncovered, seemingly open spaces.

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 »

Maurice Mandel II
Maurice Mandel II answered on Sep 25, 2020

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 »

1 Answer | Asked in Real Estate Law on
Q: I need to know if selling my share of land that consists of 6 owner to another person would cause any problems

the person wanted to buy the share has a garage on the land he is encroaching on it. He will get a share of the whole parcel. can this be changed.

Anthony M. Avery
Anthony M. Avery answered on Sep 25, 2020

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 »

1 Answer | Asked in Real Estate Law for New York on
Q: what are the pros & cons of doing a joint tenancy vs common tenancy house deed (adding four kids to parents deed evenly

Four kids will inherit house after parents last away evenly (25% each ) we are updating the deed and was asked whether it’d be joint v common tenancy

Elaine Shay
Elaine Shay answered on Sep 25, 2020

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 »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: My landlord as consistently doing showings during covid.

I have 2 children 1 that may be high risk . She is also making me remove my dog from the premises for showings.Can I refuse entry to protect me and my family?

Joseph Jaap
Joseph Jaap answered on Sep 25, 2020

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.

1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: If i buy a house in Florida without my spouse and we divorce later, does she get the house?
Mr Eric Klein
Mr Eric Klein answered on Sep 25, 2020

As Florida is an equitable distribution state, without any other facts, your spouse would be entitled to 50% of the house in the event of a divorce. I hope this helps. Good luck!

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: Do an heir's interests in a will passes to their offsprings if heir dies intestate and dies after the deceased?

My grandfather passed away in 2007, and leaves real estate to all his children and to the offsprings of a deceased daughter who was already dead at time will was written.

This will is now in probate and three children of my grandfather are now dead. Because the will originally bequeathed... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 25, 2020

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 »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: Father passed away 10 years ago was married at the time of death but since she has remarried is she entitled to estate

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 »

Richard Sternberg
Richard Sternberg answered on Sep 25, 2020

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 »

1 Answer | Asked in Real Estate Law for California on
Q: Caregiver only has medical power of attorney. What is legally required for a conservatorship?
Maurice Mandel II
Maurice Mandel II answered on Sep 24, 2020

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 »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Three people purchased a home together. Two of three want use an agent to sell and third wants to sell by owner.

Does the third person need to agree to use the agent? This is a toxic living situation where all parties agree to go separate ways but one does not want to use a real estate agent.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2020

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.

1 Answer | Asked in Banking, Business Law, Contracts and Real Estate Law for Massachusetts on
Q: We have signed a P&S to sell a building in MA. The deposit check is in foreign currency. Can we void the contract?

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.

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 24, 2020

You need counsel to review the terms of your offer and acceptance and purchase and sale agreement carefully. Don't do anything at all yourself in this situation without good representation.

2 Answers | Asked in Real Estate Law for California on
Q: I have 3 of 4 people on a deed for vacant land who want to sell. Can the 4th person be forced to sell?

The 4th person is going through dementia & her caregiver is trying to make decisions for her & will not allow us to speak with her.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Sep 24, 2020

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 »

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1 Answer | Asked in Divorce and Real Estate Law for North Carolina on
Q: I divorced my ex-husband about a year ago in Tennessee. He owned a home in North Carolina at the time of our divorce.

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 »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 23, 2020

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 »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I break a lease on my apartment due to safety and a health hazard?

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 »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2020

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.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Siblings selling house that's under contract. Brother is out of the country. Necessary legal documents needed.

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 »

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

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 »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: My niece inherited 1/18 interest in an acre of land. All the other heirs conveyed their intent to one person.

This one niece refuses to do so. Can we section out her 1/18 interest and not need her signature on the deed .

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

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.

If you chose to go the partition...
Read more »

2 Answers | Asked in Real Estate Law for Virginia on
Q: Can I be blocked from a private road to a property I want to buy if there is not a deeded easement for the road to 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 »

Richard Sternberg
Richard Sternberg answered on Sep 23, 2020

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 »

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Regarding property quitclaims

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.

JB filed a... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 23, 2020

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 .

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Q: Is hiking across posted private property a trespass in Utah? My intention is to get to the other side, nothing else.

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 »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 23, 2020

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 »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: What rights do The other owwners have if property is part owners with one person owning majority of property?

3 owners, 2 own 20 percent each and the 3d owner owns 60 percent?

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

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.

2 Answers | Asked in Real Estate Law for New York on
Q: My mother would like to give me 3 acres of her 11 acre property so I can build a cabin. Tax implications?
Michael David Siegel
Michael David Siegel answered on Sep 23, 2020

None, really. But you need to do a subdivision to create a tax lot.

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