I recommend hiring a competent attorney to sue for possession. A Detainer Warrant may work if the SOL has not run, but an Ejectment Action in a Court of Record may be necessary. Publication Notice may also be necessary. This could be difficult, or it could be fairly simple. Hopefully it is no...Read more »
My father and I are on a relative's deed, who since passed, as Joint Tenants with Rights of Survivorship. If we sell the property, is it required that the proceeds of the property sale be split amongst the co-tenants 50/50?
Usually both owners want to get paid. If you and your Father have another arrangement, that is your business. But if I represent the seller, there will be one check with both owners as payees. If you Father wants to convey his interest to you prior to the sale, then he can do so or vice versa.
General Sessions Detainer Warrant Court Costs vary amongst the Counties, but usually run around $ 180 up to $ 250. Circuit Court and Chancery Court Costs will about double that. Any kind of notice to quit is notice to vacate, and service/posting of the Warrant is notice to quit by Statute,...Read more »
There is a clause in our 3 year lease that’s titled “Vacating Upon Termination” and it states “Tenant agrees upon expiration of the term of this lease or upon early termination of the lease for any cause tenant will at once peacefully surrender the leased premises etc.” My question is if... Read more »
The answer will depend on the language of your lease. If you have a three year lease- without any provision related to termination prior to this then you have a 3 year lease. The language you provided doesn't sound like enough to allow for an early termination.
There are a few other random cabins that dot the street on each side, which accesses my plot. No one can tell me who actually owns the access/entrance road with the other houses on it. My fear is that someone could stack disused cars or piles of wood or let the road fall into disrepair and I... Read more »
You will need to consult with an attorney and get this advice. Many, many considerations are involved here, and there may not be a perfect answer. The LLC operating agreement must be read, applied or changed; Who will be the insured?; Liability concerns; the Member's Estate Planning;...Read more »
You do not record a Will except a certified copy of a Probated Will as a muniment of title. Wills are filed for Probate. But first you need a competent attorney to analyze whether you should administer an Estate or not.
I’m the step daughter and he lived in the house with my mom but she passed before him. He does have 2 kids in another state that he’s signed his rights over to. The will leaves everything to me so am I the only one to collect the funds from the house?
I am not sure what you mean about the two daughters' rights. If the Will is filed for Probate, apparently you receive the entirety of his personal property and residue. And the right to receive money is a chose in action, personal property. If the Will is not Probated, it has no effect and...Read more »
Did you sign the Deed? Hopefully not without being paid. Noone completes a real estate transfer without receiving some type of certified funds in hand. Wire Transfers are asking for a ripoff. Did anyone tell you that the funds were sent when they had not? You probably were talked into using...Read more »
We were under contract to purchase real estate and were notified week of closing that seller refused to close because title agent did not deposit earnest money although it was sent to them immediately.
It does not appear that you actually had a contract to begin with. But even if breached, you would be lucky to get the earnest money back. I doubt that you would want to actually prosecute a Specific Performance Action. Most title companies do not have any attorneys, so you may be mistaken....Read more »
I Entered into a lease for nine months in an apartment in Chattanooga Tennessee back in November. After having many issues unresolved (including excessive pet waste, litter, and non-residents jumping a fence and entering the complex and wandering around) we decided to leave, providing 60 days... Read more »
The terms of your lease will ultimately control the situation - in my opinion and without the benefit of reviewing the lease. Yes, it is true that in large counties the Tennessee Uniform Residential Landlord Tenant Act applies. But the courts are not permitted to blue-pencil leases/contracts in all...Read more »
There is no statute requiring you to wait at all. However most buyers will want the title cleared a bit. If the properties are trust corpus, then apparently they were not owned by a deceased person. and not possibly subject to any debt. Whatever the case, hire a competent attorney to search the...Read more »
It might be possible, but extremely not probable. She is in NC not TN. I would not worry about it as she probably has forgot about her former property. The only thing that is a possible problem is NC law, not TN. If they really come after it. let them have it.
It appears that you do not know who owns or formerly owned the real property. Anyone can quit claim whatever interest they have in a property, with or without another tenant in common's consent. If Dad has an interest in the rest of the property, he is still a titled owner. Hire a competent...Read more »
Retain an attorney if you have been sued. But the first part of your question says that "all personal property left on real property is now the grantors." The "grantor" is the seller. If you purchased the property, you would be the "grantee." Perhaps that's a typo...Read more »
It is possible. But what is the current zoning? And has there been any applications for multi-party, or at least large, septic systems? The Tax Assessor may be wanting to assess some Special Interests, where there is still one tax parcel, but several sub-parcels are apportioned for taxes.
2nd owner sold the property with the house and sold the lot next door to another person come to find out the fence that seperates the two properties part is on the next door lot and now the new owner has made us aware and to move the fence we thought we purchased a house with a fence and now we are... Read more »
It sounds like you did not check the title and/or needed a survey prior to purchase. Two title searches must be performed on the adjoining properties. Possibly a boundary line survey and/or boundary line agreement is needed. Hopefully suit for a Boundary Dispute can be avoided, but both...Read more »
Either party can initially demand a jury. However most Declaratory Judgment/Injunction Actions involving Easements in Tennessee are usually before the Chancery Courts without a jury. In Chancery, jury trials are sometimes held with the jury determining special factual issues. There are...Read more »
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