A rotten tree fell on our house from the wooded lot adjoining our property. Since the damage was minimal, a little over $400, we did not make a claim with our insurance company and paid for the tree removal and gutter repair out of pocket. Can we receive compensation from the owner of the property... Read more »
Depends on whether or not the owner of the land had actual knowledge of the rotten tree. In NC you are only responsible for a tree falling if you knew that there was a likelihood of it falling, for example, it was leaning or rotten.
A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest...Read more »
I have been paying the taxes and maintenance for land for over 10 years straight. Land is currently owned by me, my mom, and brother. Legally I am 66.66 owner the remainder is split between my mom and brother. Can I seek fully ownership in the state of North Carolina since I have been fully paying... Read more »
Our financial situation changed. And can’t afford college. Is there any escape for him? They r going to report him to credit agency and make him liable for money. He has never lived in this apt- it was for August. By not giving a deposit-does it make the lease null?
They may file an eviction against him, which is supposed to hit his credit but doesn't always. But since he is no longer living there they may decide that he has abandoned the property and not sue him to evict. Without personal knowledge of the apartment and the lease, I can't offer more...Read more »
You are both owners of the property, however, it sounds like you are no longer in the relationship. If neither party can agree to who gets the house then you will have to file a partition motion and ask that the property be sold. I would talk to a local attorney who specializes in real property or...Read more »
A new neighbor moved in 3 weeks ago. He claims that the fence is encroaching on his property by 1.3' and would like us to remove it. We have lived here since 1996 and the fence was in place by the previous owners. In that time, 3 different people lived there over the course of 25 years and... Read more »
You would have to file an action for adverse possession, you would likely succeed given the facts that you stated. I recommend finding a local lawyer to assist you in this as it is a complicated matter.
My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... Read more »
It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney...Read more »
My grandmother and my father are listed on a life estate deed. The land in the life estate was to go to my father upon her death, but she outlived him. He died without a will. What happens to the land in the life estate since he died before her? He has a wife and 2 sons. His mother is still living.
This family member is on tourist visa and trying to stay in US... I did not sign anything and don't want them in my house. What should I do in this case? what statue applies? I am a US citizen and own house for 4 years.
Hire an attorney to prosecute an eviction action. It is doubtful that the occupant will want to present forged documents in Court. Even if he does, he has not paid rent, and the documents are probably irrelevant to possession.
My father passed away. I have a home in front of his and have been living here for 25 years. My stepmom still lives behind me in their home, and now the land is in her name. Can she make me move or do I have rights to part of the land that my home is setting on?
If the will the stepchildren obtained has been accepted by the probate court without challenge and if you were properly notified of the probate case at the time and given a copy of the will, chances are it is too late to contest it now. Contact a probate attorney in that county for a complete...Read more »
Yes, that is legal but it is either a good idea if done right or a disastrous idea if done wrong. If you try to do this yourself you will most likely do this the wrong way if you yourself are not an experienced elder law attorney.
Regardless of how you accomplish the transfer, this will...Read more »
You are generally only liable if you had prior knowledge that the tree was in danger of falling. This could be knowing that it was dead or leaning. If it was a perfectly healthy tree that a storm knocked down, then generally no, you are not liable.
Currently under contract to buy a house. It is occupied by a renter (tenant). Concerned that we do not have a legally binding guarantee that the renter will vacate the property by closing. There is a clause in our contract about the sellers obligation to remove all personal property from the... Read more »
When you purchase a property, generally, you take it subject to any lease on the property. I would have to read your contract to tell you specifics. The seller may not be able to evict the tenant at this time due to their existing lease.
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