Questions tagged [real-estate]
For questions about property that involves lands or buildings.
315
questions
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1answer
24 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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52 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 ...
3
votes
2answers
35 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 ...
0
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2answers
41 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 ...
2
votes
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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0answers
21 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 ...
3
votes
1answer
57 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 ...
0
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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 (...
2
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4answers
147 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 ...
1
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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 ...
0
votes
1answer
58 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
22 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 &...
0
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2answers
119 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 ...
0
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1answer
68 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 ...
2
votes
0answers
43 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&...
0
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1answer
55 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
56 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 ...
1
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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
votes
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 ...
1
vote
1answer
86 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 ...
3
votes
1answer
157 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
103 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 ...
2
votes
0answers
65 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 ...
2
votes
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]...
0
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1answer
115 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 ...
1
vote
1answer
91 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 ...
2
votes
1answer
163 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 ...
8
votes
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 ...
-1
votes
1answer
68 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 ...
0
votes
1answer
41 views
Selling a college house
Let's say a father buys a moderately decent house for his daughter to live in for college. 4 years later he sells for a profit. Would capital gains taxes come into play given that the house is his ...
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votes
3answers
145 views
Can I block an ADU that blocks my ocean view, invades my privacy, and casts a shadow on my solar panels?
A neighbor intends to construct an ADU that will completely block my ocean view and invade my privacy by inviting residents to congregate directly in front of my living room windows. Also, at 16 feet ...
4
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0answers
248 views
In France, can you lock out a squatter the way they locked you out?
This is specific to France (and maybe other countries, but I doubt that there is any other with such a surrealistic legislation like ours)
In France, when someone breaks in to your house and stays ...
0
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1answer
50 views
Is a Washington State tile contractor responsible for failed work installed incorrectly after 2 years?
We had our main floor and 4 showers tiled by a contractor who was recommended by the tile supplier. Within two years of the tile completion, the shower tile loosed and lifted and water leaked under ...
-1
votes
1answer
62 views
How do we sue an appraiser who violated professional standards? [duplicate]
We applied for a residential real estate mortgage and the bank sent a licensed appraiser. Both our insurance appraisal and the property tax assessment valued our home at over $1M and the bank’s ...
1
vote
1answer
56 views
What can I do if a builder ignores me while I try to have them fix something that is under warranty?
I am a US citizen living in the US. I own a condo, which has a builder's warranty on it. I have been attempting to contact the builder to fix an issue with my roof/ceiling that is covered on the ...
2
votes
2answers
103 views
Is this an implied easement?
I'm looking to purchase some property in Ontario. The property in question is between two other properties. The owners of the properties on each side have created a path through the wooded area to ...
1
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0answers
37 views
Can accessory buildings under 108 square feet have a basement in Ontario?
I'm looking to build a small bunkie in the forest behind my cottage. I've been reading the bylaws, and it looks like I can come up with a pretty usable space by including a loft with a less than 6 ...
2
votes
1answer
48 views
How to extend easement to new piece of property being severed?
I'm in Ontario, Canada. I'm looking at purchasing a piece of land behind my parents cottage. I'll be severing 1-2 acres from a much larger parcel, and because it is behind my parents property there is ...
0
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0answers
81 views
Real Estate “For Sale” sign on easement
A house on a landlocked tract (Property A) in North Carolina is for sale by realtor. Property A is accessed from the state road by a driveway, the end of which is constructed on an easement granted ...
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0answers
54 views
What happens if a builder doesn't fully fix a problem, and then the home warranty runs out?
I (US citizen living in the US) have a home warranty on my property. This warranty, like all warranties, expires eventually. I have recently identified an issue that is covered by the warranty. What ...
0
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2answers
228 views
Realtor's 'For Sale' sign was on wrong property & I bought under impression it was as-shown
Clearly I didn't perform due diligence here...although the Control Map and Parcel number were listed correctly, and a surveyor re-walked the property (a vacant lot, ~1 acre in size) & provided me ...
0
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1answer
29 views
Capital gains tax on half a house?
My mother and I jointly own a house in Nevada. It's her primary residence, but not mine. Is there any way to legally avoid paying capital gains tax if the house is sold either because my mother wants ...
1
vote
3answers
156 views
Buying a property, neighbor across the st is using the property's address
I own a house, and am currently thinking about buying the vacant lot next to mine to ensure that no one builds on it (beautiful view).
While talking with the seller they mentioned that the neighbor ...
2
votes
3answers
72 views
Hypothetical - new land ownership
I am intentionally not specifying a country for the following as I am interested in answers for different countries.
Lets say that instead of global warming we would have global cooling - the ice ...
0
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1answer
104 views
Adverse possession in MA, USA
X bought property recently in MA.
X does land survey for the purpose of building fence.
Survey reveals:
(1) row of small plants of neighbor Y is inside X property.
(2) old fence between neighbor Y and ...
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0answers
63 views
Roommate/co-tenant said she would renew but lied after I sign lease - invalid lease?
So, my roommates and I planned to sign a lease renewal as co-tenants in NYC. While some of the roommates already signed it, the others changed their mind last minute. This unfortunately means the ...
1
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0answers
13 views
What constitutes 'pre-existing structure' in a tax abatement?
I recently purchased a new construction condo in Philadelphia, PA which is subject to a tax abatement via Philadelphia Ordinance 1456-A. According to a document I have from the City of Philadelphia's ...
0
votes
1answer
81 views
How to encourage landlord to fix retaining wall
I am located in Colorado, USA.
We own a house that has a rented home behind it. There is a retaining wall between the two properties. We have checked on the county assessor's website and the ...
0
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0answers
45 views
Is it true that only people who own properties in Karnataka can make an agreement of sale in Karnataka?
I am planning to purchase a plot in Karnataka. Currently I have no properties in Karnataka and I'm a Keralite. I heard that in order to make an agreement with the plot owner, I need to have some ...
