Anthony Marvin Avery's answer If he owns the House, then yes, he can run a water hose to it anytime. You may wish request a surcharge on your Rent from the Landlord, but there is little you can do outside of leaving the Leasehold. If the water use was enormous each month, then this might be considered a Constructive Eviction by the General Sessions Court, but it is doubtful.
Suing the Owners for utility expense will result in a countersuit for rentals and damages.
Leonard Robert Grefseng's answer There is no set rule of Tennessee law on how a buyer and seller handle payment of property taxes- it is something that can be negotiated. Do you have a written contract of sale with is buyer? If so, read it carefully- it sounds like the buyer may have already breached the contract if he did not pay as was agreed. If there is no written contract, YOU, as the owner of the property risk losing the property if the taxes are not paid. Consult an experienced real estate lawyer in Missouri for...
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 You are pretty much at the HOA' s mercy. As the owner of a condominium, you are subject to a ton of restrictions and fees. If they sue to execute on the lien, or worse, just conduct an execution sale, then you either satisfy the lien or file a very expensive Chancery Suit for a Declaratory Judgment and Injunction. The usual way of dealing with this is to acquire other owners to back you running for a position on the HOA.
Anthony Marvin Avery's answer You should not have sent them any further financial and asset information. The Bank will sue them for the Note Deficiency, which will include alot of penalties and attorney fees. After the Bank gets a Judgment, it will use the information to execute on your Parents' assets. They should start protecting their assets now, and possibly hire a competent attorney to advise them about collection methods and exemption rights.
A while back, I wrote an article about timeshares for my state bar that you may find helpful. You can access it at: https://skidmorehales.com/article
Anthony Marvin Avery's answer Whatever authority created the Lien (Judgment, Statute, Voluntary Contract, Mechanic & Materialmen, Tax, etc.) must usually be carefully stated. The Date of creation is always important. Fraudulent Liens can be prosecuted upon and/or set aside by the Courts. And of course the amount of the Lien on a certain date must be stated.
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 The only real rights you have deal with your possession. The Owner/Landlord must file a Detainer Warrant, have it served on you or posted, then conduct a Hearing. You might ask for a Continuance, but at that next Hearing, the Judge will grant him Possession, and you have another ten days to leave or Appeal. To actually remove you, Owner must get a Writ of Possession issued where the Sheriff physically removes you or you are a Trespasser.
Anthony Marvin Avery's answer There is no disclosure requirement for selling and assigning a Deed of Trust. And I assume you are trying to sell a Note secured by a Deed of Trust. You cannot assign a Deed, ever. If the prospective Note buyer wants one, you will have to give them something to get their business. But you probably need to sell your Deed of Trust and Note to someone else.
Anthony Marvin Avery's answer Probably they can, especially if you agreed to it by signing the Note and the Deed of Trust. If they gave you some specific reason why they did not want your business, then it might be something to report to HUD, but I doubt there is any merit. Also you are talking about going after the Lender that you just gave a Deed of Trust to, who might just decide to foreclose.
Anthony Marvin Avery's answer You might have a cause of action for violation of the Tennessee Residential Disclosure laws, but it is doubtful at best. It is doubtful that any Property Insurance Contract will protect you against such a claimed loss. Hire a competent attorney to evaluate the Case, but it does not sound like you will prevail. Even with a total Fire Loss you do not get paid for the land. And with a Condominium, you actually commonly own walls and roofs with others.
Anthony Marvin Avery's answer Each Tenant has a complete right of possession. But someone has to pay the Taxes, Insurance, and Deed of Trust Note (if any). The Joint Tenancy Estate can now be destroyed by a conveyance by either Tenant, so that either will be a Tenant In Common.
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 need a lawyer to examine your Contract of Sale very carefully. Hopefully it has a Liquidated Damages Clause or something else that allows you to terminate the Contract and only lose your Earnest Money. Usually they can only sue for Specific Performance. It may be difficult to actually sue you or collect from you. Usually they sell to someone else. Hire a competent attorney to advise you of the risks and notify the Seller of your decision.
Anthony Marvin Avery's answer Legally the owner must file a Detainer Warrant against you all, serve or post it, get a Judgment for Possession, and if you are not out after ten days, have a Writ of Possession executed by the Sheriff to remove you.
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