Real Estate Law Questions & Answers

Q: I owned my house but had a $18,000 lean against it with a loan shark. After a year into repayment I was layed off from

1 Answer | Asked in Consumer Law and Real Estate Law for Alabama on
Answered on Feb 8, 2016

You need some legal help here. You are charged with reading what you signed. You say you were tricked? How? If you did sign the documents under duress maybe you have an out here. You must get a lawyer and sue to overturn the conveyance.

Q: Hi my mother died on this Jan 21 my twin sisters who are disabled always lived with her and mom left them the house

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Answered on Feb 7, 2016

If the Deed is not in their names the Will must be probated through surrogates court. The cost and length of the probate process will depend on the complexity of the estate.

Q: In NJ if you signed an Assent to Execution of Deeds and Waiver of Marital Rights are you still responsible for a

1 Answer | Asked in Real Estate Law for New Jersey on
Answered on Feb 7, 2016

There is an insufficient factual basis to answer your questions and address your concerns. You need to rewrite your statement in the form of a meaningful question for someone to be able to provide useful ideas. Good luck.

Q: My parents (father deceased) deeded their house and 40 acres of land to myself, my sister and my brother.

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 7, 2016

If you can "remove" her from the deed or not depends on the language of the deed and the nature of her ownership of the property. If she was a joint tenant with your siblings in the property and she died, her ownership of the property belongs to her heirs at law or her divisees in her Will. If there is survivor-ship language in the deed, then the property could already belong to the rest of you and then you don't have to do anything.

Q: I have a property with my moms name on the deed. I can no lo get afford this property. She will let me sell. Help?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 7, 2016

A little more information here. You say you have property but your mom's name is on the deed. That sounds like it is her property to me. Whose name is on the deed?

Q: What can we do with a seller saying we have waterfront property & find out we don't? He jumped the price up $34,000

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 7, 2016

I assume that you are attempting to purchase property and the seller says it is waterfront property and you say it is not. First, look at the survey and legal description of the property It should be definitive on the question of "waterfront" property. Were you in a contract to purchase the property? If so, enforce it.

If not -- the seller can ask whatever he wants for the property for any reason -- good, bad, false or not.

Q: What are my rights as a homeowner when a neighbor is accusing our property of causing flooding issues?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 7, 2016

If you built something that altered the natural flow of the water and made the water go onto the property of your neighbor, then you would be liable in trespass for diverting the water to your neighbor. This is an fact driven issue, and an expert would have to take a look at your shed and see if it has diverted the flow of the water. If it has, you may well be liable. Her option is to sue you, not to persist in calling you. Go see a lawyer and get him or her to address this with your neighbor,...

Q: I bought a house almost three years ago and have noticed settling. Can this still be brought up to the seller?

1 Answer | Asked in Real Estate Law for Alabama on
Answered on Feb 7, 2016

First question. Was the house new when you bought it or not? If it was new, you might have a lawsuit here. The questions of defective construction etc. would come into play.

If it was not new, did you ask specifically about settling or anything of the sort? If you did, and the seller lied to you, you may have a lawsuit. Otherwise, you have no legal recourse.

Q: buyer didnt close on property. sold house to another buyer 7 months later for 20,000 less how can i sue for the difer

1 Answer | Asked in Real Estate Law for Georgia on
Answered on Feb 7, 2016

Did you have a written contract with the buyer? If so, then you have 4 years in which you can sue the former potential damages. If there was no written contract, then the statute is 6 years. Most likely you are going to have to hire an attorney so I would be careful not to throw good money after bad.

Q: How can we legally get land given to us?

1 Answer | Asked in Real Estate Law for Georgia on
Answered on Feb 7, 2016

First, the relative has to own the land so a title search is in order. Second, the relative should have a warranty deed so use the legal description of the property from that warranty deed and create a new warranty deed and then file it with the clerk of court.

Q: 2 QUESTIONS1. HOW DO YOU BRING FOUR IMPROVED PARCELS OF REAL ESTATE THAT WERE OWNED BY DECADENT INTO ESTATE?

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Answered on Feb 7, 2016

It is mandatory to file Probate so when you do the judge will decide what to do with the land and the heirs.

Q: I bought a 1/2 land and mobile home in villa Rica ga. Carroll county. But was put out

1 Answer | Asked in Real Estate Law for Georgia on
Answered on Feb 7, 2016

Unfortunately, a bill of sale is not enough. You should have been given a deed and the deed should have been taken to the court house and filed. It sounds like this is now a criminal matter because the original "owner" took your money and ran. Report this activity to your local District Attorney.

Q: My Mgnt Co leased my house w/o notifying me, I am no longer under contract,& I need my house back, what can I do?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Answered on Feb 6, 2016

Your issue seems to be with the management company, rather than the tenant. If the tenant is under a lease agreement, then you will not be able to terminate the lease, except as provided in the lease agreement. You'll probably have to wait for the lease term to terminate, or negotiate a shorter term with the tenants and pay their relocation costs.

However, your property manager has a fiduciary duty to act in your best interests. If they leased out the property without your consent...

Q: My father is apart of the ejido in Mexico and his god daughter doesn't want to let him take part of what is his.

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 6, 2016

I'm sorry, but I don't quite understand your question. Your father should be able to do what he wants with his property.

Q: In California does deposit on a house have to be returned if the buyer gets cold feet and backs out within 7 days .

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 6, 2016

It depends on the terms of the contract. You'll have to review your contract in detail and discuss with your real estate agent, if you have one. Usually, you will be able to terminate the purchase of the home and get your deposit back if you are within your contingency period.

Q: My house in Los Angeles was built along side another house - on the same property. It was designated as a condo.

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 6, 2016

You can go down to your local planning department and discuss the zoning of your property and requirements for a single family residence. A civil engineer would be a good resource to help with the process.

Q: neighbors mcmansion basement excavation subsidence concerns, 10' deep only 7'6" from property line, have i any rights?

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 6, 2016

You have the right of lateral support from your neighbor and if your land subsides because of the excavation, then you will be entitled to damages. But until your land subsides, you don't have any damages. Your neighbor is entitled to develop his property according to his building permits.

Q: Should my neighbors who live behind me be walking through my backyard to get their mail

1 Answer | Asked in Real Estate Law for California on
Answered on Feb 6, 2016

It really depends on a lot of facts, however, generally a tenant can exclude someone else from entering the property unless there is a common area. A very practical solution is to ask your neighbor to not cross your backyard.

Q: My question is about real estate investing in Virginia. Specifically loaning money for the purpose of flipping houses.

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Feb 6, 2016

1st - you should make the check payable to both. Assuming you failed to do so, what is the consequence? You would have to contend that making the check payable to only one was still compliant because the one was acting as an agent for the other as well. 2nd - hand delivery instead of mailing is not going to be considered a "material breach" as the party obviously received the money. The last question is not at all clear. It is advisable that a business or person retain records of loans...

Q: I own my house. I married last year and did not put my husband's name on the deed. I now want to get some equity out.

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Feb 6, 2016

Yes. But if I am correct, there is more to your question. In the event that your current marriage ends by divorce how will the house be treated? The equity in your house at the time of your marriage will be considered your sole and separate property. Taking that equity out and using it will of course result in the loss of the sole and separate property, unless it remains separate and traceable. Marital money (money acquired during the course of the marriage) used to pay the mortgage will be...

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