Questions tagged [real-estate]

For questions about property that involves lands or buildings.

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1answer
22 views

Under what conditions does section 1031 of the Interal Revenue Code apply to buying a house?

My question pertains to law in the United States, not the United Kingdom, or any other place where English is the predominantly spoken language. Despite having no legal or financial background, I am ...
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1answer
101 views

Neighbor has other neighbors fence removed

PersonA hires contractor to remove a fence. PersonA deliberately lies regarding ownership of the fence and land. Fence is actual property of PersonB and is actually on PersonB's property. Contractor ...
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0answers
38 views

In contract on a land with a septic system that is not under code [closed]

I am in a contract to buy a land with a septic system. I was so happy about it but once I found out from the township’s sewage enforcement officer that the septic system cannot be used because it does ...
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1answer
30 views

Does settlement of an HOA liens wipe the slate clean?

A house in Missouri was being sold and the owner wanted to negotiate a lower payment to settle the HOA liens because the buyer would not offer him enough money to cover both the HOA dues and the ...
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2answers
98 views

Are we responsible for fixing items in a our home if we didn't sign an addendum?

We are currently selling our home. Our real estate agent just sent us a list of items that are being requested from the buyer to "fix." We rejected this list and got a response from the ...
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0answers
26 views

Deed creating the estate by the entirety - should I put $0 for the amount?

I am adding my wife to the house deed using "deed creating the estate by the entirety." The document says I am giving her 50% ownership in exchange for: $______ property:___________ and ...
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2answers
881 views

What would happen to the churches (physical buildings), works of art, etc. in case of a new schism?

In the recent past, in the opinion of some theologians, the German catholic church is close to a schism with the Catholic Church. Regardless of whether you agree or not, I'm interested in knowing what ...
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0answers
42 views

Obtaining parcel GIS data controlled by a private company that uses public information/funds to maintain it?

I am trying to obtain GIS parcel data for non-commercial purposes. So far, most counties provide this information on their public GIS portals. San Luis Obispo and Orange County said they cannot ...
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3answers
1k views

Quiet Title Action. Is this normal?

I am in the process of purchasing a home for the first time. The title has a cloud because the house was sold at a tax sale in 2018 (the owner was deceased). The guy who bought it sold it to another ...
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2answers
67 views

How do I get the title and ownership paperwork for a deceased relative's house?

My mother passed away. She left a will saying who should receive which items. However, my mother's will lacks a lot of useful information. For example, the will does not state where the title ...
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1answer
42 views

If a stakeholder steals escrow/deposit in land sale contract, is the seller obligated to refund the deposit?

In a more drastic case, if in a Sale and Purchase Agreement, the vendor authorizes the purchaser's solicitor as the escrow/stakeholder to receive not just the deposit but the purchase price on his ...
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2answers
35 views

Issuance of new deed on death of grantor

This question is about how deeds should be recorded on the death of the grantor. If there is a quitclaim deed that lists a single person as the grantor and that grantor dies, then how (or if) is that ...
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0answers
40 views

Ownership of real estate in event of fraud: signed APS but deed not transferred due to real estate fraud

In this account I am speaking from the point of view of someone close to me. Suppose a couple years ago I sold my house in Penan to somebody else (both of us are foreigners), whom I'll refer to as B. ...
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0answers
52 views

Question about items left after a home sale

So I did a bit of research that anything that is stated in the contract are to be left to the buyer and that fixtures are also left to the buyer regardless of it being in the contract. My question is ...
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1answer
102 views

Do I have to let Buyer in after disclosing new defects?

I disclosed new defects to the buyer along with a inspector's estimate after he removed the inspection contingency. He wants to bring in his inspectors to inspect these defects. The new defects ...
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1answer
85 views

In the State of NY, if I have no income, but I have a house — do I need to pay property tax?

If I need to pay property tax on the house, are there any exemptions, based on the fact that I have no income? Is it relevant what the tax assessment of the house is? When I look at houses in house ...
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0answers
73 views

Homesteading law in the Atacama Desert

This is a second attempt at this question. Does Chile have a homesteading law? If so, does the Atacama Desert contain land where this could be used; i.e. not owned by anyone and not under other legal ...
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2answers
99 views

New defects after buyer removes inspection contingency

The buyer has removed all his contingencies and so he doesn't have any way to back out without losing his earnest deposit money. Unfortunately, I later found out that there are some defects such as a ...
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0answers
74 views

Who owns or controls the Atacama Desert? [duplicate]

This question arose from a discussion about colonising Mars. Clearly if you can live on Mars then the Atacama Desert should be a cinche. So that leads to the question of who owns it. The bulk is in ...
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1answer
48 views

Question about notice to perform (buyer/seller) [closed]

I've told my agent, who is a dual agent for me and the buyer, to send a 2-day notice to buyer to perform. My agent said it was delivered on Saturday. I believe this would mean that Monday night would ...
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1answer
53 views

Adverse Possession Law: Two Properties

Can one acquire by the law of adverse possession two different buildings with two different lot numbers and owners that are commercial buildings?
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0answers
55 views

Misrepresented Property

Suppose someone bought a home that was listed as a two-family property by a real estate broker. That is how the listing read. However, the house was no longer a two-family property when the purchase ...
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2answers
37 views

How does a subdivision covenant work if no successors are recorded?

I am purchasing a home and would like to install a fence. The original covenants, from 1975, specify you must get approval from the architectural control committee, but all the listed trustees are ...
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2answers
49 views

Florida Real Estate Law: Does this document give the real estate agent and title agent the power to close even if something changes?

I'm concerned about the following text in a real estate transaction for a home I am selling in FL. It will be difficult for me to be at closing so the title company sent me some documents to sign in ...
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1answer
46 views

Second lien forecloses but does not pay off first lien

Our house was foreclosed by a roofer who put a lien on our homestead in Texas. The roofer bid $3000 against his $80000 lien. He has not done anything else. He has not paid off the first lien, a ...
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24 views

Lease Addendum (California) waiving privacy rights to “recordings” - what kind of recordings are implied?

My apartment lease contract in California (Bay Area) has an addendum about waiving the rights to "recordings" taken or made of me. The addendum is formulated in highly legal jargon and its ...
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1answer
59 views

When does the duty of an executor end?

My two brothers were appointed co-executors of my Moms will. Probate has been done for months now. We all 3 inherited her house in equal shares, two of us live there. I am being told because they were ...
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0answers
20 views

Can I get in trouble for not paying HOA fees if the HOA has not yet been 'set up'?

I own a condo which is part of a 3-condo building. I purchased this condo September, 2019. The HOA (or rather, the Condo Owner's Association, I guess) is compromised of the owners of the 3 condos (...
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4answers
154 views

Bob occupies Anna's parking lot. How could Anna prove it?

Anna owns a parking lot. However Bob frequently uses it as his guests' parking lot for two years. The average rental rate for a parking lot is about $40 a month, totaling about $1000 for the two years ...
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1answer
69 views

Is it legal to depict public government buildings in a video game?

At my business, some people are deliberating about adding public government buildings to a level in our game. There are concerns about whether this is legal. I thought for sure I played games in the ...
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1answer
60 views

Who is responsible for damage to my neighbour's floor from my tree?

Background: I am in the process of buying a house in South Africa, with the transfer going to be completed in a month or two's time. There is a large fig tree close to the wall on (soon-to-be) my side ...
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0answers
34 views

When would an area variance not be for a self-created difficulty?

When pursuing an area variance in New York State, the local Zoning Board of Appeals applies a five-factor balancing test to determine if they should grant the variance. One of these factors is if the &...
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2answers
120 views

Are there advantages to forgiving a mortgage

I hold a mortgage on a house owned by a relative and his wife. They made the monthly payments for a few years, but haven't paid anything for more than twenty years. Now that relative has died, and his ...
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1answer
72 views

Inadequately supported chimney on neighboring property above our extension with no building regulations

I asked this question on Home Improvement Stack Exchange here, but they recommended I posted it here as it is technically a legal matter. I live in the United Kingdom. When we purchased our house ...
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0answers
46 views

How do I find who owns (and is responsible for) the maintenance of the fence between two houses?

According to the official land registry .gov.uk website "there’s usually no record of the exact boundary between two properties, or who owns the hedge, wall, tree or fence between 2 properties&...
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1answer
57 views

Can I purchase or lease the condo parking spaces directly behind my house?

I live in a single home with a condominium complex directly behind. Currently there is a hedge (condo side) that acts as a separator between the houses and the condo complex. Directly behind the hedge ...
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0answers
62 views

Is a subdivision plat legally enforceable?

TL;DR: (details follow below) Can a builder be sued for deviating from the subdivision plat, assuming it causes problems? I live in northeast Alabama and have a drainage issue with my 11 month old ...
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1answer
85 views

Who's responsible for property damage?

Hypothetically if there was a leak during apartment renovations on floor B which damaged the apartment on floor A below, the contractor blames the building and the building blames the contractor. Is ...
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0answers
22 views

Does procuring cause in real estate apply when you have to change an agent

I found a property for sale online and I toured it with an agent a week ago. There was no signed agreement between the agent and me. However, the agent is not willing to write an offer for me as they ...
2
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1answer
45 views

Does a minor own the proceeds of a tax forclosure auction if they own the property being auctioned?

In the state of New York a minor is the legal owner of a building (don't worry about how they came to own a building, but just assume they do). At some point the property taxes on the building become ...
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1answer
93 views

How strictly will a small claims court apply the language of my lease in Florida

I'm having a typical tenant landlord dispute. The TLDR is that I'm the tenant and my property manager is claiming exorbitant damages and landscaping clean up fees as well as home cleaning fees to a ...
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1answer
170 views

My mother passed away without a will or a spouse we are now in probate, and my mother owes $80,000 on her home which is appraised for a 120,000

My mother passed away on February 5th of this year. My eldest brother signed his right away to administrate the probate. My mother had no spouse and there are only 3 heirs: me (the youngest) and 2 ...
3
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2answers
126 views

After exchange of contracts in property purchase, what happens if someone has COVID-19 on the completion date?

Say I am selling my home to a buyer and also purchasing a house from someone, and the chain of sales goes no further than this (for the sake of simplicity). All house sales are in the UK, where you ...
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0answers
66 views

Are there any rules in California that govern what space can be counted as “living area” by agents when advertising property?

It seems that County Assessors under livable square footage use only legally permitted area. And Assessors use it to determine property taxes. However, are there any laws in California that would ...
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1answer
57 views

Meaning of word “remodeled” in California seller disclosure?

On California C.A.R. TDS forms sellers have to disclose any unpermitted work properly so that buyers would not later sue seller for misrepresenting property. On disclosures I have seen words "[re]...
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1answer
152 views

Is home buyer allowed to back out from purchase in case seller sent materially different disclosure form after buyer removed contingencies?

Before visiting a property seller sent C.A.R. TDS form via email that stated that "guest house was remodeled without permits". Since guest house was advertised as part of property and ...
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1answer
93 views

Is the new co-owner of property liable for its debt?

I co-own some rental property. My co-owner, who managed all the financials of the property (taking in rent and paying expenses) recently died. I haven't seen the deed, and his widow can't find it, but ...
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1answer
164 views

Who is responsible for the bull's damage?

Bob owns and lives on a piece of land adjoining another, vacant one owned by Alice. There is a sheep fence between them which Bob has installed at his own expense (even though he legally could demand ...
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1answer
2k views

If I owe state taxes, can the state seize a relative's property in retaliation?

I live in the United States and I owe taxes to the state, which I'm not able to pay. I don't have a permanent residence and live with family/friends. One of my family members received a letter stating ...
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1answer
77 views

Am I interpreting “Removal of Contingencies With Offer” clause properly?

C.A.R. purchase agreement has following paragraph that has a checkbox next to it: C. REMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the contingencies specified in the attached Contingency Removal ...

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