Lawyers, Answer Questions  & Get Points Log In
Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Agricultural Law for Oklahoma on
Q: Does electric company has 100% approval to clear cut the easement of trees if for 50 Years they have been trimming
Charles Watts
Charles Watts answered on May 19, 2022

If they have a utility easement then yes they can clear the trees out.

1 Answer | Asked in Real Estate Law for Florida on
Q: My wife and I been married for 6 years. We both own our homes, (both with mortgages). If she were to die would I inherit

Her debt?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 19, 2022

No, one does not inherit the debt of another person such as a spouse. Her estate would be responsible for her debt, which would have to be paid before her assets were paid to her heirs. If the mortgage note is not paid, the mortgagee (bank, usually) could foreclose on the home she owns, but could... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: A property has a gravel road labeled as servitude of passage. Who is the dominant? What if the dominant won’t allow me
Anthony M. Avery
Anthony M. Avery answered on May 19, 2022

Dominant Estate is the property getting the benefit of passage, access, etc. Servient Estate is the property with the road/path over it. You may need to hire a LA attorney for Easement problems.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Tennessee on
Q: how to sell a join property in India owned by my aunt and uncle (green cred holder) in USA. uncle died without a will.

the husband and wife is a green card holder in USA . Death certificate of the husband is available. can you please advice what is the procedure in changing the share of the property in India to her(wife) name. Also,this couple has no children.

Anthony M. Avery
Anthony M. Avery answered on May 19, 2022

You will need to hire a competent attorney. Heirship determination will be according to the State of death. An interpreter may be needed. India's laws will control the Deed's terms and recordation if a Deed is needed.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I have 2 trees sitting on my property line and I would like to put up a fence can I cut the trees down.

The trees are on the property line so they are on both properties.

Anthony M. Avery
Anthony M. Avery answered on May 19, 2022

You will want to ascertain the Boundary as accurately as possible. Read your's and the adjacent owner's Deeds. Usually you will want to make the trees part of the fence, but you can probably cut them. But do not be surprised if a Boundary Dispute erupts.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Does my wife have to be bought out of her portion of ownership of a house or can she be sued for her percentage?

My wife is a partial heir to her deceased grandparents house. Her cousin is another partial heir and wants to keep the house for himself to live in. He is threatening my wife with a lawsuit if she does not sign a quit claim deed, giving him ownership of her portion. Does he need to buy her out or... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 19, 2022

Actions for a Sale For Partition are filed alot. She can sell her Tenant In Common Interest, do nothing or get sued for Partition.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: MA residents, mom willed CT RE to me and sister, estate probated in MA, but no deed to us. To sell how do we show title?

Sister was Executor, I was Successor, but sister probated and closed in 2006. Sister has now died and I want to sell property. How do I show title to the property?

Lillian J. LaRosa
Lillian J. LaRosa answered on May 19, 2022

Sorry for your loss. Was your Mom a CT resident or a MA resident? If this is a Massachusetts Probate of estate, then an Ancillary type proceeding would need to be brought in CT and you should be in contact with a CT Probate attorney ASAP.

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: My ex fiancé sign the mortgage but not the note. If the house defaults is the person not on the note impacted at all ?

They say he is will be responsible if the house defaults. Quicken loans states he is not and I don’t need to refinance. His attorney is forcing me to refinance or sell. I can’t refinance right now. I don’t want to sell my home. I don’t think quicken loans will do a mortgage modification... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 19, 2022

They are right: unless he signed the note, he is not liable. It's doubtful that your ex can require you to refinance or sell, assuming the two of you aren't married and getting divorced.

View More Answers

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: My ex fiancé sign the mortgage but not the note. If the house defaults is the person not on the note impacted at all ?

They say he is will be responsible if the house defaults. Quicken loans states he is not and I don’t need to refinance. His attorney is forcing me to refinance or sell. I can’t refinance right now. I don’t want to sell my home. I don’t think quicken loans will do a mortgage modification... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on May 19, 2022

If he is not on the note he is not liable for the debt but he would be named in a foreclosure action in order to clear the title. It appears he may be on the deed from your statement. If he is then you need to hire a lawyer of your own to see what your options are regarding this matter.

View More Answers

2 Answers | Asked in Real Estate Law and Probate for New York on
Q: MY FATHER RECENTLY DECEASED. HOW DO THE REMANING SIBLINGS HAVE THE RIGHT OF THE HOUSE.

THE DEED IS IN BOTH MY MOMS AND DADS. THE KIDS ARE NOT ON THE DEED. HOW DO WE PROCEED WITH THE CHANGE OF DEED WITH THE CHILDREN NAME ON IT IN CASE OF MOTHER PASSES AWAY. HOW DO WE INSURED THAT THE PROPERTY IS RIGHTFULLY OURS

Benjamin Z. Katz
Benjamin Z. Katz answered on May 19, 2022

If the property was acquired by your parents during their marriage, it was probably owned as a “tenancy by the entirety”. That means when your father died, your mother was automatically 100% owner. There are several options to make sure it goes to the kids upon her death. She can sign a new... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Is it legal for a landlord or maintenence person to enter an apartment without anyone being home?

About a week and a half ago, my girlfriend reached out to the leasing office of the apartment we are renting, about having our floor fixed which was damaged when we first moved in last year (we honestly forgot about it due to putting a rug over it). No one came, but my girlfriend noticed today that... Read more »

Morris Leo Greb
Morris Leo Greb answered on May 19, 2022

Every lease, whether written or oral, is deemed to have include a provision called 'quiet enjoyment. This means no one can enter your apartment without your prior consent. The only exception to this is if an emergency exists and the Landlord is unable to contact you. Examples of an emergency... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Puerto Rico on
Q: Rented my home in San Juan PR and the tenant never lived at the home .Lives in Phil. How do I file eviction notice?

Rented my home. Tenant hasn't paid March - May rent and does not live at the place. How do I file an eviction for someone who doesn't live at residence but lives in Philadelphia

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on May 18, 2022

I'm assuming that the eviction is being made by way of Public Law 86 of 2011 before a Court of Law in Puerto Rico. In that event, a dunning letter should be mailed to the lessee by certified mail to his/her last known address (if Philadelphia address is known, mail to said address). If no... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: What is the statute of limitations in Colorado for a buyer to sue a seller after the sale of a home?
Anthony M. Avery
Anthony M. Avery answered on May 18, 2022

You will need to hire a competent CO attorney to figure out what the applicable SOL is, as different causes of actions have different SOLs. Despite numerous postings, noone has responded because your question is incomplete. Call one of the CO lawyers listed here on Justia, whom I have noticed... Read more »

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Do NC Dept of Revenue tax liens attach to real property?
Ben Corcoran
Ben Corcoran answered on May 17, 2022

Short answer, yes. For the longer answer, the DoR has to complete a couple of steps to attach them, but once those steps have been completed, the liens attach. Consult a local attorney to see if the lien has been attached.

1 Answer | Asked in Real Estate Law and Estate Planning for West Virginia on
Q: My dad wrote a handwritten will his wife contested it and we are waiting to have a hearing can his wife try to sale it
Anthony M. Avery
Anthony M. Avery answered on May 17, 2022

If the property goes through his Estate, then it has a cloud on the Title. No reasonable purchaser would want such title, but they might buy it cheap and get a Quit Claim Deed. If she is the executrix, it might be grounds to remove her.

1 Answer | Asked in Foreclosure and Real Estate Law on
Q: on redeeming mortgage, will possession go to the mortgagor or subsequent purchaser who has been sold property by owner

The mortgagor had leased its limited rights of lease to obtain loan. The possession later on passed to the mortgagee due to default of mortgagor. The owner had sold the property during the term of the mortgage. Now, on redeeming mortgage, will the possession go to the mortgagor (who has no... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 17, 2022

It sounds like the mortgage has already been foreclosed upon which merges the title into the purchaser at the sale. Sorry but I do not know what "redeeming a mortgage" is. The mortgagor may have had some type of redemption right, but they are usually waived in the mortgage.... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: how does one acquire abandoned real estate?
Anthony M. Avery
Anthony M. Avery answered on May 17, 2022

Hire a very competent attorney to search the title. It sometimes clears the title to buy at a Tax Sale, but again you will need an attorney to draft a Deed. Determining Heirship might get you close to a purchase.

2 Answers | Asked in Real Estate Law for South Carolina on
Q: Man dies in MI. owns land worth $4,000 in SC does land auto go to spouse or has to file probate. His estate under $20k

A man passed in Michigan where he and his wife were living at that time. He and his wife own land in SC worth $4,000. Does the land automatically go to her without filing probate in MI? His entire estate was less than $20,000.

The wife is trying to sell the land in SC but this issue arose... Read more »

Trent Harris
Trent Harris answered on May 16, 2022

This is a question that depends on South Carolina law. A Michigan probate court does not have jurisdiction to decide matters regarding real estate located outside the State of Michigan. Other states could have a statute though that allows South Carolina to recognize ancillary probate proceedings... Read more »

View More Answers

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Can landlord change first month rent, security deposit, AND last TWO months rent?

Edit: with confirmation that this is illegal, what’s my next step? I already signed and paid, should I reach out to the landlord and try and get my money back or contact an attorney?

I was told I needed to pay the following at the lease signing:

1.5 months security deposit, 1... Read more »

Matthew Schutz
Matthew Schutz answered on May 16, 2022

What your landlord is asking you to do is illegal in New Jersey. He's only allowed to ask for a month and a half security. Asking for the 2 months rent at the end of the lease on top of a month and a half security is not permitted. Could you ask your landlord to put that request in writing.... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Florida on
Q: 472.029 What rights does the third party property owner have? Can he request proof of license and work order?

472.029 seems to be in direct conflict with property owners rights under 810.09(2)(a)

Barbara Billiot Stage
Barbara Billiot Stage answered on May 16, 2022

It's very unclear what your question is because you provide very little facts and a "third party property owner" is not possible. You either own property or you don't. You could have an interest in the property as a tenant, easement holder, life estate or some other interest.... Read more »

View More Answers

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.