Get free answers to your Real Estate Law legal questions from lawyers in your area.
I do not see any specific contingency in the contract for the seller to terminate the contract. There is a contingency on an addendum that the "buyer reserves the right for any reason or no reason in it's sole discretion to terminate this agreement by writing no later than 5 days before... View More
answered on May 23, 2024
Purchasers/Sellers breach real estate contracts daily, with few consequences. Usually only earnest money or a real estate commission are the only actual penalties. But a Specific Performance action is a possibility. Breaching Parties always take a chance.
answered on Feb 22, 2024
In Arkansas, claiming land that does not appear to be owned by anyone on county records can be a complex and challenging process. However, there are legal mechanisms such as adverse possession that may allow you to claim ownership of land under certain circumstances. Adverse possession typically... View More
Added her in 2016. Now my grandmother wants me to sign some paperwork back to her.
answered on Jan 22, 2024
If the deed to the property includes your mother's name "and her heirs," it suggests that upon your mother's passing, her share in the property would legally pass to her heirs, which likely includes you. Before signing any paperwork to transfer your interest in the property back... View More
My father passed away without a will. He was with someone for 30-years, but not technically married. The only surviving blood is my brother and I. Things have been great with his partner, and we agreed the Arkansas land would go to us. This went through probate in Texas and was approved (among... View More
answered on Jan 11, 2024
If your Affidavit of Heirship is correct and recorded, then use it as the source of title for the deed grantors. Their title source is placed in the derivation of title clause, then executed by the grantor heir over to the heir who will own it in fee. Hire an AR attorney to draft and record... View More
answered on Nov 17, 2023
In Arkansas, moving into an abandoned property without permission is not typically legal. This action could be considered trespassing or squatting, which are illegal. To legally occupy an abandoned property, you would need to gain ownership through legal means, such as purchasing the property or... View More
I was involved in a real estate lawsuit over a house I purchased. The home has over 100k in structural damage that was discovered just a month after purchase. Unfortunately the judge threw my case out a day before trial and awarded attorney fees of $15k to the seller. I don’t have money to repair... View More
answered on Nov 5, 2023
Facing a judgment can be daunting, especially when it threatens your financial stability. First, you should evaluate the judgment to ensure it was entered correctly and contemplate whether grounds exist to appeal the decision or set it aside. If that's not a viable option, and your financial... View More
It's ever a property case for a gentleman has put up a fence and is trying to steal my mom's property
answered on Sep 30, 2023
An Arkansas attorney could advise best, but your question remains open for a week. At this point, you could try reaching out to legal aid societies and bar associations if they can offer direction. You could also try adding Real Estate as a category - real estate attorneys have insight into matters... View More
And maintenance.He passed away in 2018 without a will and did not have to pay taxes can we my wife and I "his daughter" claim the property
answered on Sep 21, 2023
In Arkansas, you might be able to claim ownership through "adverse possession" if you've been in continuous, open possession of the property for a certain period. Additionally, since your father-in-law passed away without a will, his estate would typically go to his closest... View More
In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have... View More
answered on Aug 21, 2023
A conveyance to a family member with a correct legal description based upon adverse possession with color of title might work to get it sold later. You need a good lawyer, not a title company. Keep in mind your title is not going to be perfect as the correction deed should have been executed... View More
We have recently purchased land next to our home. The owner of the adjoining land has 2 mobile homes which extend way over the property line onto our property. We would like for the mobile homes to be moved over off of our property so we can erect a fence. We have a survey and the corners are... View More
answered on Jul 31, 2023
You have a boundary dispute, which should have been discovered prior to the deed execution by a survey and looking at what you bought. If you received a warranty deed you may have a claim against the grantors , who need to be notified now. Hire a competent AR lawyer to search both titles, and... View More
Within 30 days in the state of Arkansas
answered on Jul 17, 2023
To claim adverse possession in Arkansas, you generally need to meet specific legal requirements, which may include openly possessing the property, using it exclusively, paying property taxes, and maintaining possession for a certain period of time (often 7 years in Arkansas). Additionally, you may... View More
answered on May 24, 2023
You really need to discuss all the facts with a local Probate attorney, look here on Justia for one. Generally promises to transfer land must be in writing, but there are additional restrictions when the Grantor dies, then the writing must comply with all the requirements of a Last Will. It must... View More
I am in Arkansas This is a 6 to 10 ft section of property that we made an agreement on we could use and have been using their Road for a year and a half now that we are moving on our property they want an injunction where we cannot cross over this section. My question is how likely what a judge... View More
answered on May 11, 2023
Your property is landlocked, you made an agreement for an easement over your neighbor's land, and now the neighbor is preventing you from accessing your property? Without more information, we cannot guess your next best move. How long have you owned the landlocked parcel? Was it once part... View More
My Arkansas home is built on a zero lot line. How do I verify the original pin has not been moved during construction
answered on Mar 15, 2023
What is your question? Apparently your new survey is different from the old. You might contact the surveyors, but if they talk to you they will defend their opinions. Declination might be a factor here, but probably one survey was more precise than the other. If you have a dispute then hire... View More
My Arkansas home is built on a zero lot line. How do I verify the original pin has not been moved during construction
answered on Mar 15, 2023
You probably need to examine the adjacent property owners' Deeds. Look for their legal descriptions' common boundaries with you. It might disclose what the neighbors think your boundaries are, and the surveyors may have done this earlier, maybe even using a common metes and bounds.... View More
My home burnt down in 2021, at which time the executor entered her will in probate.The fire ins policy was made out to mom & estate.My brother, executor of estate, acknowledges the proceeds go to me, but he says he has to pay moms back taxes out of fire ins proceeds before I get my money.Can... View More
answered on Jan 18, 2023
Hire a probate attorney to probate your mom's estate and explain this to him or her and provide your evidence. You would essentially be making a claim against the estate to honor the contractual agreement.
The property is next door to me and has no house on it.
answered on Oct 27, 2022
Same process as an in state seller. Hire an attorney to search the title, then draft the Deed. Your purchase does not sound good. Seller has to execute it before a Notary.
But sending him money might get nothing back.
How are loopholes discovered?
answered on Oct 7, 2024
There is no universal answer. "Loopholes" are usually exclusions or exemptions in certain regulations that people take advantage of - but they tend to be situation-specific. One way to discover them is to research statutes, or to consult with attorneys who practice in that given area. Good luck
How can we get a title for it in his name?
answered on Sep 26, 2024
Hire an AR attorney to search the title and determine heirship. Draft a Deed from the heirs over to the Brother and ask them to execute it in front of notaries.
By my parents how do i go about getting the deed in my name.. there is nothing owed on the property
answered on Sep 20, 2024
Hire a competent AR attorney to search the title, then draft an Affidavit of Heirship and a Quit Claim Deed. Do not try to do this yourself.
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