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“This offer is fully contingent upon on a formal survey and the buyers being satisfied with the boundaries”.
answered on Oct 29, 2024
It is important to read the clause in the context of the entire document, but if you have a completely discretionary right to satisfaction and you are satisfied, that might be quite useful. Consult counsel licensed in the appropriate jurisdiction and familiar with local contracts and customs, and... View More
“This offer is fully contingent upon on a formal survey and the buyers being satisfied with the boundaries”.
answered on Oct 30, 2024
That sounds like you have alot of discretion on accepting the surveyed corners or not. However if you notify the seller of non-execution, then he can still sue you for specific performance. In Court you would test your lack of satisfaction. But such a suit is usually unlikely.
His uncle owns property that connects with ours we would like to purchase that property but not sure since the power of attorney. My husband and his uncle are the only remaining people in his family so there are no other heirs.. we do not want the nursing home to make us sell it which is why we... View More
answered on Oct 7, 2024
The question presents potential issues of self-dealing in derogation of fiduciary duties and credit fraud, elder abuse, and even potential Medicaid fraud. But, the funny part is one of the first lessons I learned in practice from my mentor’s mentor: If nobody is going to object, there are many... View More
An old fence was erected when our house was built in 1990. There are old fruit trees planted on our side of the fence. The fence is about 30 feet from our actual property line. The area on our side of the fence has been maintained by our prior property owners before we purchased the property and... View More
answered on Sep 15, 2024
While your facts appear to support your claim of adverse possession, and there is a reasonable likelihood of success, it's not easy or clearcut. Simply, you need to get a lawyer on board - if only for advice - and see what else you need to do to cement your claim.
Adverse possession... View More
answered on Sep 2, 2024
Equitable distribution rights in marital property in Virginia do not rise to the level of title rights. In the absence of a court order freezing marital assets, a spouse holding title in his or her name alone may sell property. The other spouse may have a right to a credit in equitable... View More
answered on Jul 11, 2024
You and her two daughters should be able to sell the home when probate is complete. The administrator of your wife's estate may also be able to sell it with a court order and distribute the proceeds to you and the two daughters.
If Brother #2 does not want to buy out Brother #1, what rights does Brother #1 have if he wants to sell?
answered on Jun 13, 2024
Either co-owner of the property can petition the court for sale in lieu of partition as long as the property isn't subject to partition. Partition is mostly an available remedy for farmland. The legal fees for the petition are, under Virginia Code, reimbursed from the proceeds of the sale by... View More
If Brother #2 does not want to buy out Brother #1, what rights does Brother #1 have if he wants to sell?
answered on Jun 13, 2024
Brother 2 should cooperate with Brother 1 and sell the property. If Brother 2 does not cooperate with Brother 1, Brother 1 can file a Suit of Partition to force the sale of the property and all fees and costs (title examiner, appraisal, etc, will be shared by the parties, generally.
answered on Jun 10, 2024
If the alleged Easement is not in YOUR chain of title, then the adjoining owner probably does not have a ROW over you. A Prescriptive ROW may have occurred, or an implication may have created it. To be enforceable an Express Easement must be in the Servient Tenement's title, not the... View More
answered on Jun 11, 2024
To answer your question, an attorney would need to see both your Deed and subsequent deeds to the property along with the other parties' deed. The right to use someone else's property is generally considered an easement and that easement had to be created in a prior deed. IF the current... View More
My contract promises the water and heating system but owners 6 months later still won’t install them or turn the water on.
answered on Jun 5, 2024
If your lease provides for water and a heating to be provided by your landlord and they refuse to install the system or water, it would be a clear breach of the lease and the landlord could be subject to damages. If you contact an attorney make sure you provide a copy of the executed Lease. Good... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 2, 2024
You may have grounds to sue a former creditor for placing a lien on your new house, especially since your Chapter 7 bankruptcy was discharged in 2012 and the lien is affecting your ability to refinance or sell your home. A discharge in bankruptcy typically eliminates your personal liability for... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 2, 2024
If a lein is on the real property records because of a prior judgment you cannot get rid of it unless you pay it off or file a Motion to avoid in bankruptcy Court to remove the lien that impairs your exemption. Often the lien does not attach because of Tenancy by entirety protections of a judgment... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 2, 2024
A creditor's attempt to collect on a debt that was discharged in bankruptcy by asserting a lien against property that was acquired after the bankruptcy would be a violation of the discharge injunction. The debtor can reopen the case and recover damages, possibly including punitives, and... View More
I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.
answered on Jun 1, 2024
With the majority opinions of the US Supreme Court, despite the express wording of Section 506 of the Bankruptcy Code, the secured amount of any "perfected", i.e., validly filed, liens against a debtor's property will survive a bankruptcy discharge. The deficiencies, if any, of... View More
We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.
answered on Apr 28, 2024
Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.
This forum is designed to give you a quick... View More
We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.
answered on Apr 27, 2024
You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
answered on Apr 17, 2024
More facts are required to answer this question accurately. Your question seems to touch on several different legal topics. First of all, a deed is effective upon delivery to the grantee. To preserve his or her rights against the rest of the world, the grantee should record the deed in the... View More
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
answered on Apr 17, 2024
If the testator did not own the property deeded to you earlier, then it is not part of the testate estate and cannot be devised. Hire a VA attorney to search the title and ensure noone else is claiming your parcels. Also make sure you are paying taxes on your properties, under a correct address... View More
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
answered on Apr 17, 2024
Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More
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