How can we settle this without seeking an attorney, or with an attorney. But I want them to pay me and have my name removed from the properties list. We started a business together. I want out. What would be the best process to do?
answered on May 23, 2023
Depends on how the properties are held. If the properties are purchased with a business entity, you may need to dissolve the business and liquidate assets. If the properties are just held jointly, then you may need to file an action to partition (sell) the properties. You can certainly try to reach... Read more »
I have an acre in a rural area and I've lived there for about 4 years. I just now got my property surveyed and discovered my property goes back farther than I realized. I have farm land all around me and it seems like part of my land has been incorporated into the land behind me thats used for... Read more »
answered on Apr 12, 2023
You and your predecessors in title have probably acquiesced to a new boundary between the adjacent tracts. Apparently you did not get a survey prior to the deed execution. If the boundary is ascertainable on the ground, you have probably lost regardless what your legal description says. But... Read more »
Do I have to occupy the property to keep my living rights? There are also 2 houses on the property. I live in one and my brother lives in the other one. Do I have living rights to both houses and control as to which one of us lives in which house? Or can the remainderman be asked to move off the... Read more »
answered on Apr 6, 2023
The precise terms of the Estate must be examined, and it makes a difference whether it was a Deed or Will Devise. Assuming a simple LE/REM Deed, the life tenant is in control but can be sued for waste or a fraudulent conveyance. Remainderman vests in possession at your death, but has no... Read more »
My uncle's house was listed in the will, but I thought the quit claim deed signed just before he died 4 months ago would keep us out of probate. I'm going through probate anyway since my name wasn't on some accounts (I am the sole inheritor). I'm trying to sell the house but I... Read more »
answered on Apr 4, 2023
That is quite unfortunate. If your uncle deeded the house to you during his lifetime, as a lifetime gift, then your basis is the same as whatever his basis was (the amount he paid for it plus capital improvements). This is called carryover basis. If the house has appreciated in value since he... Read more »
My family created a false affidavit and sold land in which I had 2/7 interest. The buyer of the land now wants to settle and need a quitclaim deed, but has built 50 homes on the property. What are my legal rights in Tennessee?
answered on Mar 23, 2023
Building that many homes on your property without you doing anything is per se laches. However it sounds like the titles are all clouded, and many title companies, attorneys and title insurers are at risk. You will need a very competent attorney to file suit in Chancery to set aside the Deeds... Read more »
My goal is to respond to a government-issued RFP to sell land for a new building site by offering the land for sale, gauge the interest of the government entity to see what they are willing to pay, then use that information to buyout the rest of the co-owners so that I can make a profit on the... Read more »
answered on Mar 21, 2023
I do not understand your stated strategy. However if you are a tenant in common of an one/quarter undivided interest in the real property, you can only convey what you own. Any representation that you can convey a fee to ten acres is fraud. The proposed purchaser would probably find out... Read more »
I have a quit claimed deed. I thought I had full ownership of my property... When I went to Sell it they did a title search it turns out the lawyer at the time that did our deed only turned in one of the signature not the other that was signed. So now that person is on our deed as well as half the... Read more »
answered on Mar 21, 2023
A Quiet Title Action may be necessary. Trying Title is expensive and difficult, and you can lose without the Defendant saying anything. Hire a very competent attorney that conducts real property litigation, but there are only a handful in East Tennessee. There may be a cheaper, more direct... Read more »
My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to... Read more »
answered on Mar 10, 2023
I am sorry for the loss of your mother.
I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest... Read more »
Majority of Homeowners didn't pay dues, demanded that the Developer close the HOA, Developer Transferred the HOA to the homeowners.
Homeowners didn't do anything with it, did not form a board and more or less ignored transfer.
The State of Tennessee listed the HOA... Read more »
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answered on Mar 4, 2023
If the HOA has been administratively dissolved and there is no active board or entity responsible for maintaining the common spaces, it may be difficult to determine who is responsible for paying the city and county land taxes on those spaces.
In general, if the land deeds are in the name... Read more »
Majority of Homeowners didn't pay dues, demanded that the Developer close the HOA, Developer Transferred the HOA to the homeowners.
Homeowners didn't do anything with it, did not form a board and more or less ignored transfer.
The State of Tennessee listed the HOA... Read more »
answered on Mar 2, 2023
If the common areas are part of a condominium, then those homeowners are responsible for the taxes. If they are roads, then dedicated to the County and no taxes. Reconstitute the HOA, and probably need to pay taxes. Developer and the old HOA could possibly be sued, but doubtful. HOA might... Read more »
I asked 911. They said only 2 houses need to be changed to stay in numerical order. My neighbor said no & 911 said they want them to agree. No 666 numbers are ever assigned. Buyers say no based on the 666 address. Help. I need to have it changed to move. Is there anything I can do legally? I... Read more »
answered on Mar 2, 2023
Different Counties handle 911 and zoning issues differently. Hire an attorney in the applicable County to ask for the change in street address. Provide an appropriate alternate address. You may have to go before a County Commission or a Zoning Board. The County Mayor will probably be... Read more »
I'm current living with my grandma helping her out, Well she has a Reverse Mortage on the house and they are asking about $100,000 for it if she pays it. How ever I am going to get a Mortage to pay the house, I would like to see if I can setup a agreement so soon I pay the reverse mortage off... Read more »
answered on Mar 2, 2023
If a Deed is executed then the property goes where the granting and habendum clauses say. It does not become subject to a Will Devise later if it is a fee conveyance. The grantees take the Estate when executed.
I'm current living with my grandma helping her out, Well she has a Reverse Mortage on the house and they are asking about $100,000 for it if she pays it. How ever I am going to get a Mortage to pay the house, I would like to see if I can setup a agreement so soon I pay the reverse mortage off... Read more »
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answered on Mar 2, 2023
It is important to consult with an attorney who specializes in estate planning and real estate law in your state to help you navigate this process. They can advise you on the legal options available to you and help you draft a legally binding agreement that ensures the transfer of the house to you... Read more »
The lien was filed by a contractor who was paid in full by the insurance company after a rebuild from a fire. He didn’t have the capital to continue after the first draw was received so we wrote letters to the insurance company to secure funds to continue several times. The job wasn’t completed... Read more »
answered on Feb 20, 2023
Best advice is to hire an attorney to draft a M & M Lien Release, and a demand letter. Send it to all possible addresses of contractor, as personal service may be a serious issue. If refused, then file suit to declare the lien extinguished for not being executed upon in the statutory... Read more »
200 acre farm . Friendly divorce. Both parents reside on farm in separate homes. Plan to survey 20 acres for each parent for sole ownership. Want the children to have the remainder of the land so no future partners can claim ownership. Parents plan to continue to pay taxes on land until children... Read more »
answered on Feb 20, 2023
Absolutely hire a competent TN attorney to draft that future interests deed which might include a class gift remainder. Apparently you will need three enforceable deeds. Do not even think of a title co. Lawyer will need to draft three new legal descriptions from the survey plat, and not... Read more »
My grandmother and great aunt had a joint ownership on some land, my great aunt passed away and left a life estate for her husband with no further details as to what he can do with it. Does my grandmother have total control over the land?
answered on Feb 8, 2023
You will need an attorney to search the title as you have not stated what the Deeds say. There may be a life estate, or it may have never come into existence. There are all kinds of joint ownership. It sounds like GrandMother may still own a fee or at least a one/half interest as a tenant in... Read more »
Is that considered as waste?
answered on Feb 5, 2023
There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.
To answer your... Read more »
Is there anything I can do
answered on Jan 31, 2023
You can report the act you have personal knowledge of to the Sheriff. Trespass and vandalism are involved, which will require the Surveyor to return and restore the monument. That corner is owned by both of you. You may wish to sue for civil damages in Sessions Court, then place a Judgment... Read more »
answered on Jan 19, 2023
You have took the property subject to the judgment lien. This should have been avoided by a title search and clearing it at closing. If the Judgment has been extended, then it will be another 10 years or you may lose it by execution. If the Lien has expired by operation of law, then hire a... Read more »
Husband is not my father, he has moved his son and wife in, and I think he’s priming the situation, to give his son the property at his death, as he is not as responsible as myself.
answered on Jan 10, 2023
It depends on the Title. If she bought it as tenants by the entirety, then surviving spouse owns the fee. If she owned individually, you might own one half as an Heir unless she devised it elsewhere. Hire a TN attorney to search the Title.
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