Questions tagged [real-estate]

For questions about property that involves lands or buildings.

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51 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
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 ...
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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 ...
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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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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 ...
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2answers
43 views

Real estate - Transfer Disclosure Statement and Disclosure of Repairs

This question pertains to real estate law in the state of California. I recently purchased a house and moved in this past weekend. Yesterday, the first rain event of the season occurred, and several ...
3
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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 ...
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1answer
31 views

Contract for deed purchase with existing tenants

When purchasing a property contract for deed with an active month-to-month lease and tenants on the property, does that lease typically transfer to the purchaser? Or, is that something which has to be ...
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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
146 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
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
21 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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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 ...
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2answers
118 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
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 ...
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1answer
84 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
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&...
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4answers
3k views

Force neighbor to resolve property line encroachment before selling house

My neighbor built a fence that crosses our property line. I had a surveyor come mark the boundary to be sure. (It has only been a few years so no adverse possession possibilities.) This neighbor is ...
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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 ...
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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 ...
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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
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 ...
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1answer
139 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 ...
4
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3answers
646 views

Borrowing from a relative or friend without documentary evidence — is it money laundering?

Suppose a person borrows money from a relative or friend, say, 10 million USD, without documentary evidence — the transaction is purely based on trust and cultural norms. If the borrower invests the ...
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2answers
101 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
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0answers
64 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
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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
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 ...
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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 ...
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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
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 ...
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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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3answers
144 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 ...
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0answers
245 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 ...
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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 ...
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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 ...
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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
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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 ...
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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 ...
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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
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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 ...
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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
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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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 ...
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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 ...
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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 ...
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0answers
62 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 ...

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