Anthony Marvin Avery's answer Either Sister Landowner should be able to sue in Chancery for Partition, assuming they are Tenants In Common of 1/2 Undivided Interests each. Either can defend that there should be a equitable split up of the property or that there should be a sale, with the net proceeds divided. It does appear that a surveyed division with easement access could be ordered. It would be easier and cheaper to decide on a voluntary partition of the Tract with a surveyed boundary line. Then each Owner may do as...
Leonard Robert Grefseng's answer Not enough information provided to accurately answer-This depends on the wording of the easement-unless it is specifically restricted in some way, the landowner can still use the property as long as the intended purpose/use of the easement is not unreasonably interfered with.
Anthony Marvin Avery's answer HomeOwners Association can do any variety of things unless an interested person files suit to enjoin the same. And after twenty years maximum, their Rules are covenants running with the affected subdivision parcels or condominiums. If the HOA attempted to foreclose upon a spurious lien, then the fee owner might have a defense to foreclosure, but would still need to file in Chancery to enjoin enforcement.
Anthony Marvin Avery's answer Perform Title Searches, all the way back to 1870 and back to present for both chains of title. Look at old Tax Maps, examine the Tax Rolls carefully, and insure that your predecessors in title have continuously paid taxes on the correct tract. Hire a competent attorney, not a title company.
Leonard Robert Grefseng's answer Your question doesn't include enough details to truly provide an accurate answer, but unless there is a written lease that says otherwise, I would say probably not. If some zoning board or governmental entity has changed the residential status of the property, that is no the landlord's fault, it's just a unforeseen event which makes it impossible to complete the lease/fulfill the contract. In summary, it seems to me to be just bad luck for both the landlord and tenant.
Bennett James Wills' answer Attend meetings and voice your opinion. Vote. Join the HOA. There are several things you could try to do. Without more info, one can't tell if you have any legal recourse. Unreasonable and illegal are different. Consult local counsel.
Anthony Marvin Avery's answer You have not stated how the gift of 1 foot was made nor how long ago. These questions must be answered and will determine wheter you have Acquiesed to the new asserted boundary line your neighbors are claiming. More than likely both sides have Acquiesed to the Fence as is.
A suit to Determine a Boundary Line and Trespass may be your only alternatives.
Anthony Marvin Avery's answer You cannot get the Easement of a City "lifted". You could try to convince the City Commission and Mayor to give you a Quit-Claim Deed, but it would be futile. The land is yours subject to the Easement, so you can put up a fence, etc. But when the City wants to work on a sewer or power line, they can and will run over your fences. This is why you perform a title search prior to any real property purchases. It is possible a building permit will be required prior to any construction...
Bennett James Wills' answer Consult with a local attorney. Your purchase and sale agreement will control the rights and obligations of the parties. You may need to file a lawsuit to correct a deed or pursue some other type of relief.
Anthony Marvin Avery's answer You should first conduct extensive title searches of both yours and the neighbors' properties. Hopefully there may be at least a mention of a Right of Way or Easement. There may be something that you can do to the neighbors within your rights. But without an Easement, express or implied, in the chain of titles, you are left with difficult litigation in Chancery Court to prove an Easement exists by Prescription or By Implication.
Leonard Robert Grefseng's answer If there is no lease, then there are no restrictions on the use of the premises. It also means you are not locked in to a definite term, so you can leave whenever you want, ( provided you give the appropriate prior notice to the landlord.)
Leonard Robert Grefseng's answer Sorry, but your question is too complicated to answer in this limited format without extensive addition information. Adverse possession requires 20 years, but in some situations, one can acquire a "defensive" title after only seven years. The actions of the previous owners are very important, and those could determine the outcome of the whole dispute. It seems unlikely that this one foot warrants the time and expense of a lawsuit, and its even less likely that a Judge would require the fence to...
Leonard Robert Grefseng's answer Sorry, but you haven't provided enough information to understand your situation. Please explain what you mean by "wholesaling." Generally, a seller can sell to whoever they want. Buyer and seller are free to agree on all kinds of terms.
Leonard Robert Grefseng's answer If you own the property, all he has is an "easement by necessity". In other words, he has the right to use the road for access, but he can't 'increase the burden" on your property. He can maintain what is already there, but he can't widen, or improve it. It sounds like the issue is going to come down to what is reasonable maintainence. He will probably say that by doing the major work now, that will eliminate future work and thus be cheaper in the long run. Its hard to predict what a Judge...
Leonard Robert Grefseng's answer No lawyer can give you an accurate answer to this question without reviewing the contract and documents which you signed at the closing of this transaction. If your father has a "life estate," ( the right to live there for the remainder of his life) then he is, in effect the owner of the premises for the remainder of his life, and he can rent to whoever he wants. However, again, there is always more than one way to structure a transaction, and no one can advise you without seeing those...
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