Get free answers to your Real Estate Law legal questions from lawyers in your area.
I am in the process of executing a purchase agreement for a rural property that is accessed by (but does not abut) a county "public access road." The county owns the road but does not maintain the road. They state that the area residents are responsible for maintaining the road. There... View More 
answered on Jun 4, 2024
An Oregon attorney could advise best, but your question remains open for a week. It could be difficult to offer a simple and direct answer to your question. There are no guarantees, and anyone who is injured is probably going to name all possible parties who have association with the road, either... View More
answered on Apr 23, 2024
A Last Will and Testament only controls assets that need to go through probate after the testator's death. This means that any assets that were given away, sold or that had a joint owner or beneficiary named are not controlled by the Will. If the person signed a Deed that was recorded before... View More
My father passed in 2022, no will as I am the only living child. My aunt owned the house in the ,80s and my dad bought it in the early 90s. She and her ex husbands names were still on the deed. They paid some of the past taxes and now are claiming it is their house.
What can I do?
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answered on Apr 16, 2024
I'm sorry to hear about your father's passing and the difficult situation with your aunt. Here are some steps you can take to address this issue:
1. Gather documentation: Collect any paperwork that proves your father purchased the house from your aunt in the early 1990s, such as a... View More
Land would be in a opportunity zone in oregon.
Sell of land is in oregon as well.
answered on Apr 4, 2024
There are ways to avoid or reduce your capital gains from the sale of land. Commonly accepted methods are transactions involving a 1031 Exchange or investing the gain in Opportunity Zones. With a 1031 Exchange, you must use a Qualified Intermediary which holds the sale proceeds of the land, and... View More
Land would be in a opportunity zone in oregon.
Sell of land is in oregon as well.
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answered on Apr 1, 2024
Investing capital gains from the sale of property into an Opportunity Zone can provide tax benefits, but it does not automatically avoid capital gains tax. Here's some information about Opportunity Zones and capital gains:
1. Opportunity Zones: These are economically distressed areas... View More
The area where the person was recording was NOT visible from anywhere in view or even by air (think thick grove of trees). The person being filmed was clear about not being recorded. No crime of any kind was being committed by the landowner. The person filming was trespassing after being told not... View More
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answered on Feb 24, 2024
In Oregon, recording someone without their consent in a private place where they have a reasonable expectation of privacy is generally illegal. If you explicitly told the person not to record you on your property and they proceeded to do so anyway, their actions may constitute a violation of your... View More
Mom passed last year. I am the trustee, and need to do repairs to the house, prior to its sale, for a buyer to qualify for a mortgage. I need to get a loan, and lender wants my name on the deed. My brother is a beneficiary, so the house needs to stay in the trust. I need to know what wording to use... View More
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answered on Aug 19, 2024
You must hire an OR to draft that Deed.
sole beneficiary. Please advise. Thanks, Lillian
answered on May 25, 2024
If the property is in your husband’s name only you will probably need to file a probate to clear title to the property.
I supplied a lump sum of money to put down on a house and asked my children to provide the loan, as I am disabled and do not qualify for a loan. They agreed and we all live in the home together. Myself and my children are all on the title together, but I am not on the loan with them. One of my... View More
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answered on Feb 13, 2024
If you have an estate as a tenant in common, then all TICs have the same rights of possession. You cannot be legally ousted by the other TICs. If they physically remove you, then you might have them arrested for a crime, and sue them for rent.
answered on Dec 25, 2023
Yes, if separately given. A Power of Attorney expires the moment the person it is for expires. It automatically terminates at the moment of death.
Also landlord sent me a letter stating I left things ɓehind. I have witnesses. How should I dispute this.
answered on Dec 13, 2023
If you dispute the amount taken from your deposit, you are free to sue the landlord for twice the amount wrongfully withheld
You can do this in small claims court if it totals less than $10,000 or in regular circuit court for any amount though you likely want an attorney for that.
I rent a space for $1050 per month for my business and my lease lasts 5 years. I found a better space I want to move to. I need to break my lease to move to a new location
answered on Nov 6, 2023
Sure a tenant can break a commercial lease - but they will continue to owe the rent until the sooner of either the lease expires by its own terms or a new tenant takes over renting the space (presumably for at least as much rent). If you can bring a new, replacement tenant, that might solve the... View More
Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?
answered on Oct 17, 2023
The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it... View More
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answered on Oct 10, 2023
There is no Oregon law that requires you to provide any particular information over the internet for a real estate transaction. There are no civil or criminal sanctions for refusing this request. The request may be the realtors preferred practice, but you are not obligated to comply with the... View More
answered on Oct 4, 2023
It’s pretty simple to check deed records to see who owns a home.
If your name is on the deed, it’s your home and you do not have to go even if someone else’s name is on the deed too.
If your fiancé’s mom’s name is on the deed, it’s her home and if she says you have to... View More
He might die. We don't have an Erickson Agreement. Can he sign something and send it to me so the house will be safely in my name in the case of his death? Please give me a wording for Right of Survivorship.
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answered on Sep 28, 2023
In Oregon, if you want to ensure that the house automatically passes to you upon the other owner's death, you can add a "Right of Survivorship" provision to your deed. The wording to create a joint tenancy with right of survivorship is generally along the lines of: "This... View More
answered on Aug 22, 2023
Generally speaking, it does not. The deed for real property generally takes preference over any estate planning document in place, such as a will or a trust. For the property which had a joint tenancy, both of the individuals listed would be co-owners. However, if another property had just one... View More
He wants to add me to the house title or deed and give it to me through a trust. He owes @$20,000 in property taxes and $60,000 on the mortgage. I believe he has a revocable trust now that needs only to be amended. However, we are unsure about possible issues that may arise due to the deferred... View More
answered on Jun 20, 2023
I recommend that your father return to his estate planning attorney to discuss the pros and cons of adding someone to the title of his house. With few exceptions, at his death the mortgage will very likely need to be paid off and the property taxes will need to be paid. If the mortgage company... View More
I bought a property in Toledo OR last March and a water line broke, I understand that it is my responsibility to fix the damage because the water meter is on my property. It is located across the street on a hill. I was not told by escrow or my realitor that I actually owned the road in front of... View More
answered on Jun 7, 2023
Despite the fact that you are a senior this isn't actually an elder law question. You may do better posting this in the topic of real estate. As far as I know the realtor had no duty to warn you that your property taxes were likely to increase in the future. You would have been able to see... View More
I own 20 acres and I am the sole owner of it. I am married but my husband is not on the deed. Our neighbors obtained stalking orders against him regarding his shooting on my property. I was pregnant at the time and he didn't want me to stress in fear of losing the baby so he didn't tell... View More
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answered on May 24, 2023
In most cases, a contract requires the consent of all parties involved. If your husband entered into a contract regarding activities on your property without your knowledge or consent, it may raise questions about the validity and enforceability of that contract. However, legal matters can be... View More
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