Both parties, the seller and the neighbors (at the time) said it was a shared driveway. One neighbor rescinded his lease purchase and moved and now the owner is saying that the driveway is not shared as there is no easement in either one of our deeds. The asphalt that comes up that driveway... Read more »
Both owners now have clouds on their titles. Your remedy is to hire a competent attorney to file a Declaratory Judgment for a Prescriptive Easement. Your only other choice is to drive somewhere else. A Notice Lis Pendens with the Suit will definitely get the adjoining landowner's attention.
In the will it says that my boyfriend and his sister are supposed to receive money from the sell of the grandmothers house. His aunt sold the house and is keeping the money for herself is there anything they can do?
Is the Will Probated? If not, then the aunt may be the sole heir and entitled to sell, etc. If Probated, then check the Probate File out at Court. Hire a competent attorney to move for disbursement of Estate Assets, and/or Removal of the Fiduciary for cause with an Accounting.
She is also trying to keep me out of the house. She says I violated the "no drugs" rule but I didn't and she has NO proof. She found weed in my MOMs room and is trying to use that to kick us both out. Where would I find a no fee lawyer with whom I could proceed to file suit with?
A Tennessee attorney could advise best, but your question remains open for two weeks. This doesn't look like a personal injury matter, where a law firm would handle it on a contingency basis with no fee up front. A closer category might be landlord-tenant or civil litigation, but it might be...Read more »
I have my original paperwork where I purchased the land and house from the owner. While I was working out of town, the land and house were transferred into someone else's name while I was still making payments. I was never told that my property had been transferred and then sold to someone... Read more »
Do you have a Deed? If not, then you were never the owner of anything but a personal property contractual right. You might sue the obligor on the contract for breach. But if you have a recorded Deed, then you must hire a competent attorney to file an Action for Ejectment in Chancery. There...Read more »
A title search will have to be performed as the Deed of Trust is the secured debt only, not the title. Assuming she is a tenant in common or now the owner due to survivorship, she is entitled to possession and has some type of title, but is also liable on the note. The signature card for the...Read more »
It is very possible that you might be a one/half interest tenant in common. But the divorce decree might have divested you of the same. Hire a competent attorney to perform a title search and look at your divorce. Remember land rarely goes through an Estate.
We bought a house with 17.5 acres in Tennessee. We did not have a survey done before we signed the contract we have since had a survey and there are only 11.5 acres. Do we have any recourse to get reimbursement for the missing acreage? Who would be responsible for the misrepresentation?
The answer is maybe. Depending on many factors, including the type of deed you received, the purchase and sale agreement terms, whether a survey was waived, etc. It could be a potential claim against the seller(s), or maybe the title insurance company, or both. You'll need to hire local...Read more »
I have my husband's POA for closing on our new home in Tennessee. I understand that the documents need to be signed in a specific way. I am very concerned because I have arthritis and am worried that I cannot sign ALL the documents. My question is: Can the POA wording, everything except the... Read more »
Each County has a period where Tax Appraisals can be contested. Contact the Tax Assessor in that County and find out what the process is and when. You too late for 2020 but you can file the written contested appraisal application now.
I always worked late out of town, my wife found a house negotiated the lease and signed it.. she passed in sept2020 I was going to move until I ran across the lease. She also signed my name and it’s in my name also... I have never even met the landlord in 2-1/2 years until a few days ago.. am I... Read more »
I assume you are the purchaser. The conveyance to you is made subject to the rights of tenant possessors. You have the right to change the locks, but that adult might knock the door down. Or you might get in a fight and get arrested. Once you have title, file a Detainer Warrant in General...Read more »
Possibly with a good title search and Affidavit of Heirship. But as the buyer, you are taking the chance of a TtnnCare Lien, Creditors' Probate, etc. Hire a competent attorney to conduct a title search and check into the sellers' financial condition.
My family owns a small weekend cottage in a private community. Upon my grandmother's recent death, we found a copy of a 1990's-era deed where the previous owner of a "community lot" deeded a 1/14th share to 14 owners whose property surrounded said lot. The deed was executed... Read more »
I am on the deed for my deceased mothers house. I have no interest in it and the mortgage company is in no hurry to foreclose. Now I am being chased by the county for lawn maintenance and I'm concerned about property tax.
You have not stated who owns the property, which is critical. Assuming you own it, you can list it for sale as is. If there is no equity in it, then you can probably give a deed in lieu of foreclosure to the lender/mortgagee. But you probably need to hire a competent attorney to look at the...Read more »
My grandfather passed with no will but it was known everything was to be split between his 2 children, my mother and my uncle. My uncle started probate and then very unexpectedly also passed just 44 days later. Now his share is to be split between wife and daughter. The house he owned is up for... Read more »
You have not stated enough facts to determine who the heirs at law are, and therefore own the home. However the heirs own it and can agree to sell it anytime they want. Hire an attorney to determine heirship, draft an Affidavit of Heirship, and possibly make an offer to them for purchase. Get a...Read more »
I do not want to pay utilities and also want to increase the rent fairly substantially. The document is titled rental agreement or residential lease and contains no specific language about the sale of the property. How soon can I adjust the terms and price legally? What do I need to do?
It does not sound like you are buying anything. Property is transferred by Deed. You might have a lease with option to purchase. If so, you probably can assert yourself as the landlord/manager which the leases are subject to. But a smart recipient of a detainer warrant may question your...Read more »
I moved in a few months prior to her death to help with her care as well as her oldest sons care who has dementia. She verbally willed me to keep the house and continue caring for my uncle whom is her oldest child. The verbal was received by my mother whom is the youngest. She passed away 7/2019. I... Read more »
You are not ready to sell anything, and if the Note and Deed of Trust is not serviced, the property will be foreclosed upon. Hire a competent attorney to determine heirship, then find a knowledgeable affiant to swear out an Affidavit of Heirship. That will be your source of title. Then the...Read more »
I had to leave my apartment suddenly with my infant due to a domestic situation that turned violent. The apartment complex has now turned me over to collections. Can they do this if the apartment was rented quickly after I left?
The short answer is, yes. If you broke the lease then you would be responsible for any damages that were not covered by a security deposit. They have a duty to mitigate by getting a new tenant. But even doing that may not have covered anything you owed on the lease.
It appears that you are encroaching on your adjoining owner's property. Do not try to sell until you get this cloud on both properties cleared. Hire a competent attorney to either get a Boundary Line Agreement, a quit
Claim Deed from your neighbor, or file a Boundary Action.
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