Property was purchased in Aug. 2022, surveyed in October. Shed has been there since the 1980's
answered on Dec 5, 2022
Apparently you have already bought the property without complaining about an encroachment. You also failed to put a legal description from the new survey in your Deed. The boundary has probably been acquiesced to at this point. You may wish to complain about your attorney if you had one.... Read more »
I inherited a house from my father and sold it to a friend via land contract in 2014. He has payed the monthly payment regularly until recently. The contract states if a default payment continues for 30 days, I must provide notice thereof, delivered personally or mailed by certified mail, that he... Read more »
answered on Oct 31, 2022
You definitely need an attorney. Filing suit for eviction and possession will be critical.
"Foreclose" does not sound applicable, but if it is, you have problems. Lessee will not
leave easily after paying out alot of money, and may sue you in equity. Damage to the... Read more »
Title company could not find chain of title, can't find any deed.
answered on Jun 28, 2022
Hire a competent attorney to search the Title. Start with the Tax Records, because either someone is paying property taxes or the County owns it. You may have to go back to Land Patents and then determine Heirship.
If I have the new title, it is still mine?
answered on Jun 6, 2022
You may have committed fraud. It might be prudent to sign the title over to the purchaser. At least hire a WI attorney to review the situation and explain your risks, both criminal and civil.
My brother and I were jointly gifted 20 acres of land in 2008 by an uncle. We have had the land surveyed and are splitting it into two 10 acre parcels (all of this has been completed) We want to draw up a legal agreement between us that neither party can sell their property outside of our family.... Read more »
answered on May 31, 2022
You need a competent WI attorney to draft both Deeds with enforceable Restrictive Covenants in the Legal Descriptions. Your possible contract would only be enforceable between the contracting Parties. Covenants Running with the Land are necessary.
The person living on the land has destroyed my house that is located in front. What can I do?
answered on Apr 18, 2022
You will have to hire a competent WI attorney to search the title, get the title in your name of record, then sue the occupant for Ejectment, Trespass and Damages.
My partner and I own a house together and have one minor child together. He has no other children and does not have a will. If he were to die, what would happen with the house? Would I be able to take over the mortgage? Would I be responsible to pay off his car and credit cards before I could do... Read more »
answered on Nov 9, 2021
Hello, if you are unmarried and own the house together it will depend on how the title to the home is held. This will be reflected on the deed when you purchase the property. If you are both on the title to the property, then it depends on if you hold title as "Joint Tenants with Rights of... Read more »
Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... Read more »
answered on Sep 10, 2021
Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via... Read more »
Nothing was signed by us and we didn't even know it existed. we waited for wheat to be done being harvested and now want to get rid of them so that we can plant our trees.
answered on Jul 24, 2021
Your question cannot be answered without more information. Is there a written lease agreement? You will need to get a copy of that. Have you tried talking to the tenant about his intentions? Did the seller represent that there were no leases?
We have put offers in on multiple properties. We started to offer on the last home on a Thursday. On Monday the realtor asked that we remove a home sale contingency and wrote a new offer that was signed on Monday.. Then on Wednesday they informed me that I had to sign the document again as my... Read more »
answered on Jun 15, 2021
I am sorry to hear about this situation. If your realtor is using the standard offer to purchase form (WB-11 - Residential Offer to Purchase), which is promulgated by the Wisconsin Department of Safety and Professional Services, then there is a line at the bottom the realtor should complete that... Read more »
has debt. Can creditors come after his portion of house?
answered on May 3, 2021
If the creditor's lien or mortgage was recorded prior to the joint tenant's death, the property will pass subject to the lien. There is a Termination of Decedent's Interest Form you can file with the Register of Deeds to remove the joint tenant's name from the title to the... Read more »
All heirs have signed a disclaimer of abandonment. As trustee, can I still sell the land?
answered on Apr 27, 2021
The Trust is probably Irrevocable now. Hire a competent attorney to search the Title. As Trustee you may or may not be able to sell the land as the fiduciary. At worst, all interested Parties, Trustee and Beneficiaries, can convey as grantors unless there is a future interest estate created by... Read more »
My husband and I were given land (paperwork was signed by both parties for the ownership transfer). The prior owner is upset about something and thinks he can call the county and just take the land back. This land had been in our name for years now and is also included in the assessment of our... Read more »
answered on Dec 11, 2020
If the land was legally transferred by deed, and your name is now on the title to the property, the previous owner cannot take it back unless you sign a deed granting the land back to them either by gift or by sale. The only other way I can think of for the previous owner to get the property back... Read more »
After closing on a home, the county contacted me saying the property lines for the home I just bought are incorrect. After speaking with the county, the title company contacted the county about this issue. However, the title never notified myself or the seller about this issue prior to closing.
answered on Nov 13, 2020
I would carefully examine your title insurance policy on the home to see if the issue was discovered during the title search and discuss this issue with a real estate litigation attorney in your area. The title company should have run a title search before issuing the title insurance. If the issue... Read more »
The amount is intended to be a gift. Would he need to pay taxes on the amount over $15,000 or could this be claimed under the lifetime exemption? If it’s taxable, would agreeing to repay the amount upon sale of the property turn it from a gift to a loan?
answered on Nov 11, 2020
Currently you can gift up to $15,000 per person per year, without filing a federal gift tax return. Therefore, your proposed gift of $40,000 from your brother would be over this amount. He could gift you $15,000 this year and $15,000 in 2021 without filing a gift tax return, or if he is married, he... Read more »
Dad had no will and I have been living there and paying taxes that come in his name in care of me. My brothers and I split everything and i got the house but never got the deed changed and now i am older and need to get it in my name.
answered on Oct 12, 2020
Hello, I think you are going to need to work with a probate attorney, to get the house transferred from your Father's name to your name. If there was a probate when he died, the deed to the house should have been changed at that time. If you inherited the house via deed, there may be a way to... Read more »
I'm looking to provide 28 day notice so I can move in and owner occupy.
answered on Aug 27, 2020
Nothing keeps you from communicating with them whenever you want. You can't give them notice until you actually own the place though.
The process
answered on Aug 25, 2020
If you are buying a property on a land contract, I recommend you have it prepared or reviewed by your own attorney before entering into such a contract. Often these types of contracts can favor the drafter (the person preparing the contract) so if you are considering entering such a contract it is... Read more »
I purchased a home before I meet my husband. The deed and loan are in my name only. I would like for things to just go to him so he has a home with our children.
answered on Jul 20, 2020
There are a couple of ways you can go about this. Depending on how the title to the deed reads now, you could pass this to your husband via deed, or via your Will or Trust at death. Doing it in your estate plan (Will or Trust) may make sense, because you still have a mortgage on the property, and... Read more »
The property next to me is bordered on the east side by a public waterway on county land. They currently access their land from the west through a gravel lane on my property. The old easement recently expired and I was wondering if I have to renew it.
answered on Jul 13, 2020
In general, if an easement has expired, there is nothing requiring you to grant a new easement to an adjoining landowner. The Wisconsin Supreme Court has held that Wis. Stat. 893.33(6) requires property owners to re-record their easement within 40 years of the original grant, or risk losing the... Read more »
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