Leonard Robert Grefseng's answer This is too complicated to answer without reviewing your contact , any disclosures and the closing documents. It may be that some misrepresentations were made during the sale, and if so, you may be entitled to rescind the contract ( give the land back and get your money back) or alternatively, you might be entitled to damages. Consult an experienced litigation attorney soon.
Anthony Marvin Avery's answer You have only stated you got an ownership interest in the Property from your Grandmother. However you have not stated how this came about, such as a Deed, Will or an Inheritance. You will need a Title Search at a minimum, and possibly an Affidavit of Heirship. If you are actually a Tenant In Common or Remainderman, then you will have to sue everybody involved in Chancery. The Action will probably be an Ejectment Suit which is very difficult. All interested Parties must either be...
Anthony Marvin Avery's answer Apparently you have the Dominant Estate and enjoy an Easement over the Servient Estate. Try to find who the responsible taxpayer is from the Tax Assessor and his address. You probably can rebuild the right of way, but do no expand it beyond what you already had or what an appurtenant Easement clause says in his Deed. The Servient Esatate usually does not have a duty to restore a destroyed right of way, but it is better to get an agreement about how to restore the path of ingress/egress.
Anthony Marvin Avery's answer Your downstream Landowners are the ones that might give you problems. If your pond stops the water flow of the creek beyond your property, then the adjoining Landowners may possibly sue you for Damages, an Injunction, Declaratory Judgment, etc. It may even be a benefit to the downstream Landowners by lessening erosion. Unless it is a navigable water, you should have no problem. But TCA 69-1-110 allows suit for damages for diverting a stream, without navigability being required. Common...
Anthony Marvin Avery's answer You will want to check the Zoning Class of each Parcel. If the Zoning does not allow the correct Commercial Use, complain to the Codes Officer, Zoning Commission and the County Mayor. Filing suit for an Injunction will be very expensive and difficult, and will probably fail.
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.
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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