Questions tagged [real-estate]

For questions about property that involves lands or buildings.

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2
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1answer
207 views

Exclusive sport fishing easement/profit with no dominant land: nature, alienation, apportionement, term and jurisdiction specifics?

This question is about easements, profits-à-prendre and fundamentals of Property Law.1 I. Suppose you have a riparian land owner (A). By a deed of exchange, they trade to someone (B) an exclusive ...
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1answer
52 views

Co-Owned Property Rights

I'm a co-owner of some commercial property in Louisiana. One of the co-owners wants to rent out part of the property; however, I don't agree with the terms. Apparently he has already granted access ...
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1answer
59 views

Do I need to pay the real estate agency if the contract was signed after I moved in?

I have signed a very standard rental agreement with a landlord. I have contacted him through a real estate agency, because they were the ones who posted the ad on the Internet. They did not ...
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1answer
69 views

UK District Councillor Nepotism over Planning Application

I hope this is a suitable question for a law forum. We applied for planning permission to build a small extension on the side of our house. Our neighbour had objected however planning officers deemed ...
1
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1answer
53 views

Are sellers expected to pay for formerly working Furnace after purchase?

Bought a house recently. When we had the inspection the furnace worked and when we did the walk through they had replaced the thermostat and the heat was off. Now, after signing, the furnace is ...
4
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1answer
9k views

UK: What constitutes reasonable consent for not allowing tenants to keep a pet?

I'm currently renting a house in the UK and have been for 6 months now. The tenancy agreement states, you may: 'Not keep any cats or dogs on the property. Not keep any other pet, animal, bird, reptile,...
2
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1answer
149 views

Realtor broke contract without notifying

I have been in the process of buying a house for the last months and my realtor had been acting strange as she kept arguing for the Seller. Now First off I live in PA so Dual Agency is allowed, ...
0
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1answer
43 views

Sell parcel to beneficiary of deed of trust

In California, suppose the Beneficiary of a Deed of Trust wants to buy the parcel from the Trustor, but the Trustor still owes some money. What deeds would get recorded to make this happen? My ...
3
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1answer
60 views

Are leases with the US National Forest Service public information?

The US National Forest service enters into leases with individuals that entitle the lease holder to use National Forest land for some explicitly outlined purpose. These leases are called special-use ...
3
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1answer
1k views

What rights do second lienholders have in foreclosure actions by primary lienholder?

It is common for real property to have multiple liens against it. The primary or "senior" lien is typically a mortgage lender. Subordinate liens may have attached to a property through loans or ...
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0answers
161 views

Getting property removed from my land

I require somebody else's property to be removed from land I am freeholder of as I need the space myself. I think that: Them refusing to remove it is "tresspass", a civil wrong. I can take them to ...
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1answer
188 views

Landlord lost 60 day Notice

A month ago I went into my apartment complexes office and handed a typed 60 day notice to the person at the front desk. They lost the notice or misplaced it. When the my new landlord called my current ...
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0answers
50 views

How hard is it to change a condo association name in Washington DC?

My wife and I just bought a condo in Washington DC. In DC, it is very common for a developer to buy a row home, gut it, and turn it into a 2 or 3 unit condo, and that's what we bought. Our building ...
2
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1answer
168 views

Buying a condo with no condition and end up finding problems in the status certificate

We purchased a condo two weeks ago. We do not have an real estate agent and we end up dealing with the seller's real estate agent directly. We're told by the seller agent that there are multiple ...
2
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0answers
395 views

Is it illegal to claim an address as your “primary residence” if you don't live there most of the time?

I currently live and work in NJ. I am single and live with my parents. The apartment we currently live in is small and I want to buy a house, but my state is pretty expensive. My parents found a ...
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1answer
44 views

Is failure to disclose the bullying and offensive Tenancy In Common president basis to annul the real estate sale?

My relative bought a condo which is under Tenancy In Common arrangement. During the first week it became apparent that it has (a probably psychopathic) individual who is a president. He is bullying, ...
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1answer
397 views

Real estate agent tort

Suppose I sign a lease for an apartment and also pay the agent who showed me the apartment the fee they require. I ask the agent if I can move in a day early and she gives me the phone number of the ...
4
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2answers
358 views

Buyers have changed closing dates multiple times, costing us nearly $5000 in additional costs — what can we do?

We are in Florida, USA. We accepted a contract for our home, with a closing date of August 18. A couple of weeks after the contract was signed, the buyers requested a new closing date of August 11 (...
4
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2answers
2k views

Buyers missed closing date due to delay in the sale of a contengency property — What happens to the deposit?

This is a more focused, side-question based on some discussion in this post. Our Contract Details: Closing date of August 18th The contract has a buyer contingency of them selling their condo The ...
2
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1answer
253 views

Is there a legal definition of “viewing a property” (in the UK)?

Some background: we're moving out of our apartment soon and the agency has requested to conduct a viewing for a prospective tenant when we're not at home, using the spare key in their possession. We ...
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2answers
1k views

Can my business be liable if I'm sued personally?

I've seen this questioned asked the opposite way a number of time, but I've not seen it the other way around. Lets say I own a million dollars in real estate in an LLC. If someone has a grievance ...
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1answer
171 views

Asbestos found in home after closing - any rectification?

The home was built in 1978. There was nothing in the disclosures and while I did have an inspection that noted flaws in the ceiling and noted the construction as drywall the risk of asbestos was not ...
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1answer
7k views

Is the real estate contract still enforceable if ZERO Earnest Money Deposit is placed in Real Estate Purchase and Sale Agreement?

I thought earnest money constitutes buyer's consideration. So, without earnest money, the seller can void the contract on the ground of Buyer's Lack of Consideration. Because of that, I occasionally ...
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2answers
275 views

Does a town have to have a justification for a zoning restriction?

In one town near me there is a town that has zoning restrictions like, if an addition is over so-and-so many square feet it must have planning board approval. This would seem to be capricious ...
1
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1answer
162 views

Can the details of Estate-ownership be Protected by Attorney-Client Privilege?

Title says it all. I am curious about whether properties (physical as well as "virtual estates" i.e. domain-names) in the name of one's lawyer would be a viable alternative to "proxy services" who, ...
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1answer
1k views

Can a utility force a new owner to pay previous owner's debts?

My niece purchase a "fixer-upper" house that had been empty for we-don't-know-how-long. I haven't had much success in locating Oklahoma law for this: She went to the water utility to get service. ...
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1answer
606 views

Tenant-Landlord Breach of Contract [closed]

The contract stated that the landlord would steam-cleaned carpet and the apartment among other terms. In return, the tenant pays 1650$ deposit and 1650$ rent to move in. The landlord lied repeated ...
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0answers
60 views

Selling someone a life estate in a house

I bought a property that has elderly tenants on it. They want to stay, but they can not afford to pay fair market value. For a bevy of reasons beyond the scope of this post, I don't want to be a ...
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1answer
171 views

Can heirs keep living in the house of a missing person before death is known or assumed?

Suppose someone went missing and no body is found, nor any other sign of what became of her. I believe in France it takes 10 years before a missing person is assumed dead when there's no actual proof ...
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5answers
830 views

Estate agents faking an offer on a property

I was recently viewing a property to buy in the UK, with an asking price of £400k. On the day of the viewing, but before my appointment, the estate agent informed me that two offers had already been ...
11
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9answers
4k views

What distinguishes adverse possession from theft?

I understand that, in the United States, adverse possession is a legal (but very rare) way to take ownership of someone else's real property against their will. What I don't understand is how this is ...
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0answers
80 views

Moving into an apartment early as a rent concession

I've been negotiating with a management company to get a rent concession on an apartment in their building. I originally asked for a 1.5 month rent concession, instead they came to me with the ...
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1answer
52 views

Condo seller failed to disclose water damage which caused toxic mold that made family sick.

I bought a condo July '16 from out of state and could not be here for the inspection although my realtor was. In the disclosure statement the seller checked 'no' regarding moisture problems or water ...
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0answers
92 views

Can the council make you cut down trees on your property?

There is an ongoing dispute between a property I own and the council, they claim that some 20ft conifer trees that are on my property is preventing light and causing dampness in their property, also ...
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0answers
30 views

What's required to sell a home owned contract-for-deed that was previously owned by a person now represented by a conservatorship?

One party has owned a home for several years contract-for-deed in Minnesota. The previous owner has in the interim become involved in a conservatorship (due to declining mental health), represented by ...
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1answer
186 views

Promissory Note Versus Loan Agreement for Real Estate Investment

I have a friend that has been flipping houses for years and I have an opportunity to invest in one of her upcoming deals and would like to do so. However, I am not sure what the proper way for me to ...
3
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1answer
132 views

I purchased a mobile home with my money out of a settlement I got

What if it is just two friends who are no longer friends. I payed for my mobile home in full with my own money but put him on the title. Can I sell my share which is the full price to someone else?
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1answer
82 views

Researching of decades old oil well deed?

In 1981 my father purchased interest in an oil well, for which I have the paperwork. I am attempting to do some research on behalf of my mother to see if, after all this time, there was/is any value ...
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2answers
151 views

Easement for safety reasons

I am looking at leasing a commercial property, but one problem with it is that it has two parking lots, front and rear and the only way to get to the rear lot is by a very narrow passage that is about ...
4
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1answer
184 views

Eligibility to owning ground in Hong Kong

My dad is Cantonese and born in Hong Kong (grandparents are both Cantonese), while my mother is European. We live together in Belgium, Europe ever since my birth, which was also in Belgium. Since I ...
4
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1answer
1k views

Is there any way to find out if a deceased person owns properties across the United States?

My wife and her two siblings had an absentee father who recently died of cancer. He left their mom for another woman about 12 years ago when they were all still children. They hadn't heard much from ...
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1answer
78 views

Is my orchard property, particularly the house, able to become a restaurant?

The house resides in the middle of an orchard. I'd like to retrofit my "empty nest" home into a restaurant similar to this one, but I believe there may be zoning laws that could prevent me from doing ...
3
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2answers
1k views

My co-borrower wants her name removed from a 5 year mortgage contract

Me and my sister in law bought a house. We asked her help to acquire the loan. She signed the mortgage loan for a 5 year contract, and we got the house. Me and my wife paid all the expenses and down ...
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2answers
40 views

What is a declaration?

I am following a conversation: An owner claims there is mold inside. He indicates that it was caused by a hurricane. Hurricane / Flood Insurance indicates it is not covered. I believe that the ...
3
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1answer
165 views

What Rules Apply To Foreign Nationals Buying Real Estate In Mexico?

For a long time, it was illegal for people who weren't Mexican citizens to buy real estate in Mexico, although there were some elaborate devices that could be used to circumvent that rule. I have ...
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1answer
1k views

Damages During Open House [closed]

If somebody willingly invites people in during an open house, what happens when there are damages to the property? Does the realtor showing the house have any responsibility? A bit of background to ...
3
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1answer
2k views

If “peppercorn” rent is not collected, can a tenant claim legal ownership of property? (UK)

I live in a property which has a garage attached which is rented to a neighbour, these are on a peppercorn rent of £1 per year. Now with a peppercorn rent I've read various descriptions which some ...
2
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1answer
85 views

Would anything prevent a mortgage fixed to a property, portable between people in the UK?

Normally UK mortgages are fixed to a person, but portable/transferable between properties. Disregarding the 80+% of flats which are leasehold with no share of the freehold, is there anything in law ...
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1answer
67 views

In English law does a joint tenancy convert to a tenancy in common if a new tenant is added

For example, say I were to have a contract with 3 others. And all the requirements being met, we would have a joint tenancy in a property. If we (landlord included) were to amend a new party to the ...
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2answers
79 views

Do certain laws result in a 'taking?'

Some time back the city of Denton Texas passed a law outright banning all fracking. I believe this law was passed by a referendum of voters who voted for it. Some investors holding property and ...