There is a clause in our 3 year lease that’s titled “Vacating Upon Termination” and it states “Tenant agrees upon expiration of the term of this lease or upon early termination of the lease for any cause tenant will at once peacefully surrender the leased premises etc.” My question is if... Read more »
The answer will depend on the language of your lease. If you have a three year lease- without any provision related to termination prior to this then you have a 3 year lease. The language you provided doesn't sound like enough to allow for an early termination.
There are a few other random cabins that dot the street on each side, which accesses my plot. No one can tell me who actually owns the access/entrance road with the other houses on it. My fear is that someone could stack disused cars or piles of wood or let the road fall into disrepair and I... Read more »
You will need to consult with an attorney and get this advice. Many, many considerations are involved here, and there may not be a perfect answer. The LLC operating agreement must be read, applied or changed; Who will be the insured?; Liability concerns; the Member's Estate Planning;...Read more »
You do not record a Will except a certified copy of a Probated Will as a muniment of title. Wills are filed for Probate. But first you need a competent attorney to analyze whether you should administer an Estate or not.
I’m the step daughter and he lived in the house with my mom but she passed before him. He does have 2 kids in another state that he’s signed his rights over to. The will leaves everything to me so am I the only one to collect the funds from the house?
I am not sure what you mean about the two daughters' rights. If the Will is filed for Probate, apparently you receive the entirety of his personal property and residue. And the right to receive money is a chose in action, personal property. If the Will is not Probated, it has no effect and...Read more »
Did you sign the Deed? Hopefully not without being paid. Noone completes a real estate transfer without receiving some type of certified funds in hand. Wire Transfers are asking for a ripoff. Did anyone tell you that the funds were sent when they had not? You probably were talked into using...Read more »
We were under contract to purchase real estate and were notified week of closing that seller refused to close because title agent did not deposit earnest money although it was sent to them immediately.
It does not appear that you actually had a contract to begin with. But even if breached, you would be lucky to get the earnest money back. I doubt that you would want to actually prosecute a Specific Performance Action. Most title companies do not have any attorneys, so you may be mistaken....Read more »
I Entered into a lease for nine months in an apartment in Chattanooga Tennessee back in November. After having many issues unresolved (including excessive pet waste, litter, and non-residents jumping a fence and entering the complex and wandering around) we decided to leave, providing 60 days... Read more »
The terms of your lease will ultimately control the situation - in my opinion and without the benefit of reviewing the lease. Yes, it is true that in large counties the Tennessee Uniform Residential Landlord Tenant Act applies. But the courts are not permitted to blue-pencil leases/contracts in all...Read more »
There is no statute requiring you to wait at all. However most buyers will want the title cleared a bit. If the properties are trust corpus, then apparently they were not owned by a deceased person. and not possibly subject to any debt. Whatever the case, hire a competent attorney to search the...Read more »
It might be possible, but extremely not probable. She is in NC not TN. I would not worry about it as she probably has forgot about her former property. The only thing that is a possible problem is NC law, not TN. If they really come after it. let them have it.
It appears that you do not know who owns or formerly owned the real property. Anyone can quit claim whatever interest they have in a property, with or without another tenant in common's consent. If Dad has an interest in the rest of the property, he is still a titled owner. Hire a competent...Read more »
Retain an attorney if you have been sued. But the first part of your question says that "all personal property left on real property is now the grantors." The "grantor" is the seller. If you purchased the property, you would be the "grantee." Perhaps that's a typo...Read more »
It is possible. But what is the current zoning? And has there been any applications for multi-party, or at least large, septic systems? The Tax Assessor may be wanting to assess some Special Interests, where there is still one tax parcel, but several sub-parcels are apportioned for taxes.
2nd owner sold the property with the house and sold the lot next door to another person come to find out the fence that seperates the two properties part is on the next door lot and now the new owner has made us aware and to move the fence we thought we purchased a house with a fence and now we are... Read more »
It sounds like you did not check the title and/or needed a survey prior to purchase. Two title searches must be performed on the adjoining properties. Possibly a boundary line survey and/or boundary line agreement is needed. Hopefully suit for a Boundary Dispute can be avoided, but both...Read more »
Either party can initially demand a jury. However most Declaratory Judgment/Injunction Actions involving Easements in Tennessee are usually before the Chancery Courts without a jury. In Chancery, jury trials are sometimes held with the jury determining special factual issues. There are...Read more »
I'm the sole owner on the deed and mortgage of my primary residence. I was recently married and I want to refinance the property. The lender says that my wife has to be on the deed / mortgage. I want to continue being the sole owner and I have a prenuptial agreement stating that my house stays... Read more »
There is no law requiring her to be a grantor on your Deed of Trust. But if the lender requires it, then she either signs the Deed of Trust and/or the Note, or they do not lend the money. The lender is concerned about foreclosing on you and she being in possession with homestead rights and/or...Read more »
We have been paying taxes since 2013 just enough to keep it out of foreclosure. The house was left from my husband’s grandmother to his mother and uncle his uncle doesn’t want it and gave a verbal “ok” for us to move in and do what ever but his mom who PAYS NOTHING OR KNOW WHATS GOING ON... Read more »
If the owners do not wish to transfer the property to you, then no. It is their property subject to the Deed of Trust. If the Note is not paid, foreclosure will occur where you might make a bid. If taxes are not paid, then after a while the County will have a tax sale. This is not a tract...Read more »
Uncle passed years ago(10) then grams passes. 3 months ago my stepfather passes(no kids, just me since I was 3) and a few weeks ago my mother passed. My uncle was married with no children. Does my aunt(living in michigan) have any rights to my mom's house?( Only asset in the family) I was... Read more »
Hire a competent attorney in the County where the property is. You need a title search, a determination of heirship (maybe two bloodlines or more), and an Affidavit of Heirship, which will be the Heirs' recorded source of title. Better check the property taxes too, or the Trustee might sell...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.