Real Estate Law Questions & Answers

Q: My brother and I inherited land when our mother passed away my aunt's own a portion of said land

1 Answer | Asked in Real Estate Law and Probate for Wisconsin on
Answered on Apr 22, 2019
Thomas B. Burton's answer
You will need to look at the deed to determine how you took title to the land to figure out what to do next. I recommend you pay a real estate lawyer to examine it for you and then lay out your best options in this situation. If you and your brother own an interest in the property, and you hold title in your individual names, then it is likely you could go to court and ask the judge to order a partition action for the property. The judge could then divide the property so that you could sell...

Q: My neighbor has a fence separating our lawns. He comes over to our side of his fence and mows 10 feet into our lawn.

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Apr 22, 2019
Richard Sternberg's answer
Adverse possession can be remembered reasonably accurately with the acronym POACH. To achieve adverse possession, the bar against landowners pleading to protect their property, the adverse possessor must POSSESS OPENLY ADVERSELY CONTINUOUSLY and HOSTILELY for the requisite number of years. I see nothing hostile about his offer to mow your lawn unless he is aggressive or demanding about it. Indeed, if you simply thank him for his neighborliness, it won't be adverse, though I do wonder about the...

Q: is my domain name. can i use this domain name for amazon affiliate marketing?

1 Answer | Asked in Business Law, Identity Theft and Real Estate Law for Ohio on
Answered on Apr 22, 2019
Joseph Jaap's answer
Disney is likely to sue you for trademark infringement, which could allow them to collect damages and their attorney fees from you. Use the Find a Lawyer tab to talk to a local trademark attorney before using that domain name.

Q: does a Virginia annual lease revert to month to month at the end of its last renewal term if the tenant holds over?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Answered on Apr 22, 2019
F. Paul Maloof's answer
Based on your lease contract, tenant has a right to renew for another 1 year term if tenant gives landlord written notice at least 60 days before the end of the lease term. If no such notice is given by the tenant, the lease converts into a month-to-month lease by operation of law.

Q: Discovery of mouse infestation less than 12 weeks after move in. Who is responsible?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Apr 21, 2019
F. Paul Maloof's answer
You can contact the Fairfax County General District court and ask them about filing a Tenants Assertion.

Q: What is the order of precedence between Maryland Code, County Ordinances (Code), and Corporation (HOA) By-Laws?

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Apr 20, 2019
Richard Sternberg's answer
The order of precedence is State Code, County Code, and then private contracts like HOA Agreements even if they are recorded with the land. But, if there is an interpretation in which all applicable law and private contracts can be honored, that’s the correct interpretation. For example, if the HOA requires a 2/3 quorum, the county ordinance requires 1/2, and the State requires 1/4, then 2/3 meets all three requirements.

Q: Can a 12 year old boy go to jail for fighting a girl for the first time

1 Answer | Asked in Real Estate Law and Car Accidents for Minnesota on
Answered on Apr 19, 2019
Peter N. Munsing's answer
Unlikely unless there were significant injuries. However everything depends on circumstances--what do witnesses say, who started with the fighting part etc.

Q: I just found out that in my dads will he said i would get his house, but now someone else owns it. Could i still get it?

1 Answer | Asked in Real Estate Law for Michigan on
Answered on Apr 19, 2019
Brent T. Geers' answer
You must first determine how the home was sold into someone else's name if your dad owned it (by a recorded deed) on the day he passed. Is it possible that someone else's name was also on that deed? If so, the house would pass to that person or persons regardless of what the will says.

Was there a probate court proceeding? After looking through the register of deeds information, that would be the next place to check to find out what's really going on.

Q: My dad passed away. But my mom is alive. She would like to transfer deed to her daughter. How does she go about doing it

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Apr 18, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. Your Mom has to do a donations contract in Puerto Rico inorder to Donate her half of the Property to her daughter. The other half belongs to your father's estate (inheritors). You need to hire an Attorney in Puerto Rico to do the lnheritance and the donation process. Feel free to contact me if you have further questions on this or any other legal matter.

Q: If you haven't been sued can you be made to answer personal questions in regards to another lawsuit that your fiance own

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Construction Law for Texas on
Answered on Apr 18, 2019
Matthew Valley's answer
Is it legal for an attorney to ask you to provide access to your personal financial information? Probably yes. If you asking whether you legally have to provide him with that information, it depends. During a civil lawsuit, Texas law permits parties to pursue information from third parties that might have information useful to the litigation. For example, a party can subpoena a third party to provide testimony and/or documents.

If you have been subpoenaed or otherwise requested to...

Q: Real estate property.

1 Answer | Asked in Real Estate Law for Texas on
Answered on Apr 18, 2019
Matthew Valley's answer
If you bought the property while you were married then it more than likely became marital property despite your name being the only name on the conveyance documents. If this is the case then there is a potential that your divorce decree did not resolve who got the property in question. You should probably consult with a local family/divorce attorney as you may have to go back to court to resolve the issue and clean up the title.

Q: Security deposit. What is the limit for small claims court in west Chester county? Can I sue for triple damages?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 18, 2019
Michael David Siegel's answer
Limit is $3000. Triple damages are for the deposit not being in a segregated account, which is different than withholding it. But you can add that in.

Q: Security deposit

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 18, 2019
Michael David Siegel's answer
Just sue. You can use the address you have for the defendant. It is small claims under $5000 for New York City, and you do it yourself.

Q: Hello, would you be able to tell me if a statement of condition has to be completed at every lease renewal in MA?

1 Answer | Asked in Real Estate Law for Massachusetts on
Answered on Apr 18, 2019
Christopher Tolley's answer
Maybe it is required, maybe it isn't, but I can't think why you would not get one. If the tenant has damaged the unit or there is usual wear and tear you should have that documented to protect yourself. You don't want the tenant using the condition statement from the prior tenancy as evidence of the state of the unit, you want a statement showing the most current state of the unit.

Q: In TN, can a real estate agent 'cold call' homeowners and ask if they're interested in selling their home?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Apr 18, 2019
Leonard Robert Grefseng's answer
In my opinion, yes. It seems to me that this is no different than the girl scouts going door to door to sell cookies- if the homeowner isn't interested in selling, all they have to do is say no, thanks, and shut the door or hang up the phone.

Q: My Daughters name is on the deed to a house of her ex husband. Is she libel for anything in regards to that home?

2 Answers | Asked in Real Estate Law for California on
Answered on Apr 18, 2019
Vincent Gallo's answer
If the mortgage isn’t paid and the lender forecloses she could lose her interest in the house. Further, if someone is injured at the house and she is sued and loses she could have a judgment filed against her.

Q: I'm buying my In laws house and my husband will be on the title but not the loan, do I still need a title 5 inspection?

2 Answers | Asked in Real Estate Law for Massachusetts on
Answered on Apr 17, 2019
Christopher Tolley's answer
The DEP website says:

When you DON'T need an inspection

Transfers between certain family members: Title 5 does not require a system inspection if the transfer is of residential real property, and is between the following relationships:

Between current spouses;

Between parents and their children;

Between full siblings; and

Where the property is held in a trust. See the "Guidance on Exemptions from Title 5 System Inspections" :...

Q: Can a property management company be considered the power of attorney on behalf of a unit owner?

1 Answer | Asked in Contracts and Real Estate Law on
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
Not unless the unit owner gives the management company the power to represent them. Most management companies are smart enough NOT to accept a POA from a unit owner because of the inherent conflict of interest in such a relationship.

Q: Roommate violating lease giving keys out, lets others stay without her being there,wont lock door apt mgmt doing nothing

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
IMO, the best thing you can do is to find some way to bury the hatchet with your roommate--because the landlord probably does not care who stays where as long as they pay their rent on time. No online lawyer can help you either.

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