Questions tagged [real-estate]

For questions about property that involves lands or buildings.

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In the UK, where and how are "tenants in common" details officially recorded?

When purchasing a property, we instructed the solicitor to set it up as tenants in common, with unequal shares in the beneficial interest. A few years later, I am struggling to find anything in ...
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10 votes
1 answer
2k views

Divorced mom pays mortgage. She wants to get title in her name

A divorced mom pays the mortgage on and lives in a house, but the house title is in both parents' names. The father is gone. The mom wants to move, but can't sell the house. How can the mom get the ...
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3 votes
1 answer
53 views

Legal precedents or process in USA for removal or alteration of land restrictive covenants for a subdivision lot?

Are there any particularly helpful examples or precedent processes of having restrictive covenants lifted or lessened in the USA (specifically Ohio) when a property is still owned by the original land ...
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1 vote
1 answer
47 views

Considerations other than the offer in a real estate bidding war

My wife and I just apparently lost out on a property and I am trying to understand what happened. It was a trust, listed by an attorney. The deceased had no children and No relatives in the area. It ...
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After closing on my house I found out the listing and emails misrepresented facts, do I have a legal recourse against the seller?

Since taking possession of the house on 27 May we discovered the follow information regarding exaggeration/misrepresentation. The listing stated “Lake access with permission for docking a boat from ...
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1 vote
1 answer
67 views

Buying a 'first' home while having fractional ownership of another (UK)

The United Kingdom offers a special program for first-time home buyers who meet certain qualifying criteria. Does a person who previously purchased a minority share (e.g. 20%) of a house qualify for ...
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1 vote
1 answer
19 views

Short-term rental application process and security deposit

I was looking for an apartment for 6 months in New Jersey and found one apartment. During our apartment tour, in online data base, or application; they never mentioned about a short term lease fee. ...
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0 votes
1 answer
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Should the village compensate for wrong land measurement?

I bought a house 10 years ago. Now, I'm thinking of building a home addition but I'm having some issues. The border of the land doesn't give me enough clearance to make the home addition flash with ...
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1 vote
2 answers
93 views

Can I legally take liability from a previous tenant? What are the limitations of this?

I have a question regarding tenancy laws in the UK. I took over the tenancy for the place that my dad was living in as I needed somewhere to go in an emergency. I didn't have a deposit so my dad told ...
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7 votes
2 answers
2k views

Selling your primary home without living in it

I already own a house and I am booking a new construction house. I am planning use it as my primary home. However, I do have a question can I sell the house without staying in it for a single day? Are ...
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3 votes
1 answer
132 views

UK - Can one person owning 50% of a house force a sale?

Is it possible for a single owner to force a sale assuming it's 50-50. Are there any exceptions to the rule?
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0 votes
2 answers
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UK - Can an executor evict a mentally ill family member engaging in elder abuse?

What are possible options does an executor havve to evict an abusive daughter currently abusing her elderly (possibly senile) mother? Suppose that these key facts are true: The daughter has a history ...
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6 votes
2 answers
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Landlord carrying out full inspection after giving impression that she would only be there to follow up a pipe repair

Received this from a friend, and I gave my own answer though not yet fully awake nor completely confident in my answer, but I will share mine below on which I welcome all feedback/critiques as well as ...
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0 votes
1 answer
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Why can't any tenant in a subdivided New York CIty apartment get a better one for free?

Please correct me if I misunderstand (since in fact that is the essence of my question) but I understand that in NYC (for example), a tenant is entitled to an apartment that is up-to-code, regardless ...
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3 votes
1 answer
67 views

Building regulations inspection not done until almost 10 years after the works - still enforceable?

I bought and completely refurbished my UK (Midlands) house 10 years ago. This included removing the problematic old staircase and fitting a spiral staircase. In total, the only building regulations ...
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4 votes
2 answers
2k views

Does "agree to negotiate" mean it has to happen?

We are in the process of purchasing some land, and one of the requirements of the contract is The buyers, BUYERS_NAME, agree to negotiate a trade of land with the neighbors, NEIGHBORS_NAME, if ...
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0 votes
1 answer
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Consequences for vendor not fulfilling signed contract on a property?

There's an issue on a property whereby the purchasers signed a contract with the vendors to buy a house. The contract stipulated that all charges be discharged from the property but this wasn't done ...
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1 vote
1 answer
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Prescriptive Easement - how exactly does this apply to utilities?

A prescriptive easement in my state (MT) is defined as: "A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, ...
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2 votes
1 answer
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In Arizona, what determines the order of priority for rights to water?

This recent article made me think more about what determines who has rights to water, e.g. in the case of a major long-term water shortage. Is it a charter under CAPLTER? Is it the date the home or ...
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0 votes
1 answer
138 views

Can my HOA approve of only certain vendors for fence installation?

My HOA has an "Approved" list of vendors for fence installation. My question is, is this legal? I want to use a contractor that aligns more with my budget that is licensed and insured, but ...
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0 votes
0 answers
41 views

Can an escrow company require you to use a specific notary?

I have an escrow company that's telling me I can only use one of their "approved" notaries. Can't I legally use any state recognized notary?
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1 vote
1 answer
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Most recent case in Texas where Spanish colonial law cited

I understand that some real estate cases in Texas relate to deeds that may have been granted prior to even Mexican independence. Have there been any such cases and if so when was the last one?
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1 vote
1 answer
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Can bona fide purchasers transfer the title of real estate or a motor vehicle?

This is a follow up question of the question entitled "Equity's darling": How do U.S. courts overcome bona fide purchasers?", and seeks the answer to what happens when BFP's engage in ...
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1 vote
1 answer
87 views

Can a landlord ask you for income verification in middle of lease term?

I have lived here for 8 months. I filled out the application on line and gave them the income verification and the money to move in.you can't get approved or accepted into apartments if you don't give ...
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6 votes
2 answers
699 views

Estate Agents must pass on all offers made on a house - UK Legislation

I rang up an estate agent to make an offer on a house and was told they were not going to pass this on to the seller because there were already 3 offers on the table. I am aware that under UK Law ...
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0 votes
1 answer
79 views

Can a KY landlord make tenant responsible for a broken front door?

Imagine you try to leave your house one day and find that your front doorknob, which has always been sticky, finally gives up the ghost and you can't open your front door at all. Naturally, you ...
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23 votes
4 answers
8k views

Is it legal to refuse an offer for real estate which is above the asking price, when there are no other offers by the published due date

A house in California is for sale with asking price of X . A buyer engages with an agent and finds out in writing that offers will be accepted until a certain date. A buyer submits a formal written ...
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-1 votes
3 answers
68 views

What is the minimum effort required to validate that a landlord-tenant communication is genuine if it isn't signed?

In the state of Washington can tenants disregard written communications from landlords if they are not signed? For example, if 2 printed letters are posted (on different days) notifying of a rent ...
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0 votes
0 answers
20 views

What rights do landlords in Ontario have regarding prompt delivery of Preliminary Notice for Annual General Meeting

I live in Toronto, Ontario. Our condo's AGM is to be held on February 10, 2022 this year, and the deadline for nominating directors and submitting questions is Jan 10, 2022. However, although the ...
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4 votes
1 answer
825 views

Can a foreigner from non-EU country rent out his/her apartment in Germany?

I travel a lot to Germany as a tourist. I was thinking of buying an apartment there. Germany laws do allow you to buy property even on tourist visa. But I was wondering if I could rent that property ...
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1 vote
1 answer
104 views

Are my parents liable if they purchase land and allow the old owner to remain as a tenant?

My parents are farmers and recently bought some pasture land in South Dakota. The previous owner, who we'll call Bob, is an aging gentleman who has lived there all his life in a small, now dilapidated ...
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-1 votes
2 answers
71 views

Should I send a demand letter if I have no intention of filing suit or retained services from legal counsel?

I have a legal plan that allows me consultation from numerous lawyers in my area and I can also have lawyers write demand letters for me as part of my plan. However, the plan stops there. It doesn't ...
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1 vote
2 answers
155 views

Is it legal for a professional ethics group to demand that I "respect" other agents' exclusive relationships with their clients?

I previously asked this question on the legality of anti-poaching agreements. If it's not illegal for two companies to enter into an agreement not to poach each others' talent, why is it legal for a ...
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1 vote
1 answer
172 views

HOA shredded our Money Order. Is Money Order an Official Record? Are there other Records we can request?

Per our state's rule on HOAs: (4) OFFICIAL RECORDS.—The association shall maintain each of the following items, when applicable, which constitute the official records of the association: [...] (j) ...
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3 votes
0 answers
137 views

How to find a good HOA Lawyer to deal with confrontational HOA [closed]

Suppose that a person's current HOA is very aggressive with increases, fines and attorney fees that tends to silence community members rather than empowering them. Suppose that the management ...
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0 votes
1 answer
113 views

Secondary property extent

I'm in the UK and the OS paperwork showing boundaries of my house details both a primary and secondary property extent. The primary property extent is the expected boundary of my house. The secondary ...
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0 votes
1 answer
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Are Rail Roads required to provide a means of crossing for land-locked (by the RR) private property? [duplicate]

This is Montana and I'm dealing with MLR (Montana Rail Link) and the tracks are leased from MLR by BNSF (Burlington Northern Santa Fe). I am a new owner of a property near this RR (Rail-road). Part of ...
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  • 347
0 votes
1 answer
119 views

Emergency Egress Blocked by Construction Fence and Planned Construction [closed]

I live in Philadelphia in a townhouse with a fenced rear yard. The rear yard has an emergency egress shaft from the basement that opens into it and it also has a gate in the fence that opens onto an ...
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0 votes
2 answers
206 views

What is the name of the type of real estate fraud/scheme I'm describing?

I'm writing a mystery story right now that takes place in Texas and currently the motive is that the victim - a real estate agent - typically leases property to people (particularly people starting a ...
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2 votes
1 answer
107 views

What to do about missing power of attorney paperwork and issues with the title on our house

To sum up the situation with relevant facts, we bought a house in the mid 2000s from a woman who had ostensibly granted power of attorney to her son. The transaction was through the typical real ...
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0 votes
0 answers
27 views

Earnest money and due diligence money for North Carolina real estate

North Carolina requires two kinds of money deposits with an offer to purchase real estate: earnest money and due diligence money. The two deposits are forfeit under different conditions. Real estate ...
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3 votes
1 answer
145 views

If you buy an apartment that has a rent controlled or rent stabilized tenant in it can you evict them to move in?

Suppose I buy an apartment which has a rent controlled or rent stabilized tenant but I want to use the apartment as a primary residence in NYC. Do I have the right to evict the tenant and move in?
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0 votes
0 answers
14 views

Is it possible to have a condominium complex where separated buildings are a Limited Common Element?

We live in a small condominium complex: there are two physical buildings, each with two units. The two buildings are separated by ~20 feet. The units are townhouse style, with each building having two ...
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1 vote
1 answer
117 views

Are there jurisdictions in which it is illegal to presell a house (without the property being already finished)?

Are there jurisdictions (countries) in which it is illegal to presell a house (i.e. contractor selling a house without the property being already finished)? The purpose should be to prevent contractor ...
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1 vote
2 answers
52 views

What do you call it when the management of properties is transferred due to negligence?

When the owner of a property or properties fails to take proper care of said properties, the state or municipality may take over management of the properties by force. What is the legal term for this?
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0 votes
1 answer
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I am a citizen by state X, but I bought a house in state Y and then changed my citizenship from X to Z [closed]

(all the instances of state here means a state in the general sense of a "country", not in the federal state of say a "U.S.A. state"). Let's assume that I am a citizen by state X, ...
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1 vote
2 answers
89 views

What legal recourse is available for a landlord trying to collect rent during an eviction moratorium?

What legal actions are available for a landlord who is trying to collect rent during the recent U.S. eviction moratorium? The eviction moratorium seems to challenge fundamental notions about property ...
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  • 121
5 votes
2 answers
468 views

Can a railroad bar a property owner from access to their property?

A 90+ acre tract of land has CSX railroad on it. The property owner in this rural area hunts on the property. In fact the back half of the tract of land is bounded on three sides by the rail main ...
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  • 335
0 votes
0 answers
40 views

Can I deduct a repair/replacement cost from my rent if the landlord endlessly stalls on fixing it?

I have been living in a townhome in Philadelphia, PA for a little over 2 months. There have been endless repairs needed on the home (all due to previous tenants/times) which the landlord has gotten to ...
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  • 265
3 votes
1 answer
123 views

Can a restrictive covenant deny a land owner the right to use a road on their own property?

If an easement appurtenant grants access to a property for the purpose of traversing it, can it also restrict the servient estate from any use of that way of access? I am wondering about the ...
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