Questions tagged [real-estate]

For questions about property that involves lands or buildings.

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1answer
50 views

Does the meaning of “preliminary” rest on intent or outcome?

The Oregon Condo Act defines "negotiation" as: ... any activity preliminary to the execution by either developer or purchaser of a unit sales agreement, including but not limited to advertising, ...
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1answer
39 views

Estate planning? Or something else?

I know that estate planning is typically for those that are planning for their future and distribution of assets in a will. However, I'm close to a situation that is after the fact, so to speak. ...
2
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1answer
455 views

Do I sue the insurance company or the insured contractor for home damage?

I have an investment mobile home built in 1972 which I paid $2,000 for sitting on an empty storage lot next to boats, vehicles and other trailers. I spent the summer remodeling it at a cost of $8600. ...
4
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2answers
259 views

Can I steal cash from my roommate to recover unpaid rent?

We have a roommate who consistently does not pay her rent on time. We are all signed on one lease, and the landlord is unwilling to take her off. This month, she decided to spend 1,500 on a condo for ...
2
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0answers
40 views

Will landlord be held liable for failing to meet NJ Security Deposit reporting laws?

I am dealing with a NJ dispute. I am on the tenant side. Any clarity would be greatly appreciated. Or if you could point me in the right direction to get some answers. The landlord must notify tenant ...
2
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2answers
867 views

HOA restricting owner displaying “For Sale” sign?

Can a home owners association (HOA) restrict or forbid the display of a "For Sale" sign by an owner selling their unit: In the window of a unit? On a posted sign, with the usual pole planted on the ...
4
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1answer
255 views

Right of way on new construction when easement was never established?

As I know real estate law tends to be very local, this is occurring in the state of Georgia (in the US), and I'm not certain if the county is relevant (and not something I'd like to give out). I am ...
2
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1answer
53 views

Canadian Wills and House Deed

So got a simple question, however, doing some searches, my google-foo failed me. Hoping some here can help shed some light on this and point me in the right direction. This is all future planning ...
1
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1answer
173 views

In New Jersey USA, if married couple buys a house, is the default “tenants in common” or “joint tenants”?

In New Jersey USA, if a married couple acquires real estate, is it by default "tenants in common" or "joint tenants" (if not expressly stated on the deed)?
1
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1answer
2k views

Unilaterally changing house from “joint tenants” to “tenants in common”

I need to unilaterally change a house's ownership from "joint tenants" to "tenants in common" without the involvement of the other owners. I don't trust the other owners anymore! (In New Jersey, if it ...
3
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0answers
29 views

What's the history of land zoning legislation, if any, before New York in 1916?

When searching google for the history of zoning, it seems to always go to just the history of zoning in the United States. Is there any precedent for zoning prior to New York City?
4
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1answer
566 views

Is it legal to plant lots of trees and plant in an unoccupied lot?

Background: Adjacent to our house is an empty lot that has been neglected: its owner lives in another country, and it has collected litter. My parents said that they discussed purchasing the lot ...
2
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2answers
165 views

What are the legalities of non-visible residence modification without planning permission?

I read an article about a British man who built a 'castle' behind a wall of hay bails. Then after some period of time he applied for some sort of after-the-fact planning permission under the rule that ...
4
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5answers
11k views

Can I sue an appraiser for assigning a low value to my property?

Due to the low value assigned to my home by an appraiser, I didn't get a loan and it did cost money. However, when I went to another bank, two new appraisers gave a higher value and I was able to ...
2
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1answer
214 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 ...
2
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1answer
115 views

Can I claim damages for identity theft?

Someone opened a mortgage in my name, fraudulently. Can I stand to benefit from this?
11
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4answers
9k views

Can a landlord refuse to give a receipt for rent payment?

Is it legal for a business to refuse to give you a receipt when you pay them? For example a property management company refused to give someone a receipt for rent because they had not yet signed a ...
2
votes
2answers
461 views

Who is Liable for the Satisfaction of the Mortgage Debt Pursuant to Deed of Gift when Grantor Dies - Estate of Grantor or Beneficiary?

In a situation where: John takes out a mortgage on a house at 55 Main Street by himself (i.e., only John appears on the mortgage). John puts Mike (one of his grandchildren) on a Deed of Gift for the ...
4
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3answers
2k views

Can building inspection obtain warrant to inspect suspected non-permited construction?

Most of illegal construction fines I have heard of were under circumstances when the work performed was visible from the outside in plain sight. Of course, many renovations that are purely interior ...
2
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1answer
111 views

Who would be responsible for returning the damage deposit if landlords changed but no contract was made

If the damage deposit was paid to one person, who was going to be the acting landlord, but the situation changed and the money was given to the actual landlord, who would be responsible to returning ...
4
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3answers
676 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 ...
3
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0answers
77 views

House on Orchard [closed]

I built my home on my parents's orchard. The parcel is mine. They take the harvest profits. I want them. What should I do if I'm non-confrontational? My name is on the title. There is no legally ...
3
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0answers
73 views

What is the purpose of a Money Mortgage Deed of Trust Affidavit?

I'm recently divorced and in the process of closing on a house, and was given the option by the title company of either having my ex sign a Subordination of Child Support Lien or executing a Money ...
4
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1answer
3k views

Can leasehold contracts be amended, and is this a common practice in UK?

I have recently asked following question around leasehold contract in property I am in the process of buying. It states that I am not allowed to sublet parts of building I can only sublet it as a ...
12
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10answers
5k 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 ...
4
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1answer
505 views

Assignment and subletting of leasehold in UK

I am planning on buying a worn down property that has 4 big rooms to fix it up, and then rent out 2 out of 4 rooms - room by room. I would live with my family in the other two (at least for the ...
3
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2answers
5k views

If no prior contracts have been signed, can a landlord make tenants sign after a week of tenancy?

I am not asking for legal advice, just curious about the law. To illustrate the question I think it's best to use a specific example. A friend of mine responded to an ad on craiglists for shared ...
2
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2answers
106 views

Available structure for a parent to buy a property on behalf of their children?

In the UK.... If an elderly parent wanted to buy a property to live in, and have the property owned by their children so that it passes to them when she passes, what structures are available and what ...
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0answers
51 views

Liability for property upkeep during inheritance

Assuming a property was awarded by a general judgment from an inheritance estate, and assuming that the actual transfer of said property took several months from the time of the judgement, is there a ...
2
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3answers
1k views

3 day notice to cure breach or quit over a dirty bathtub [closed]

I am very frustrated with my landlord. They inspected my unit while I was at work and yesterday they posted on my door a 3 day notice to cure breach or quit over a "dirty bathtub". They didn't even ...
2
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2answers
116 views

Putting farm you do not own into a living trust

Here is the deal: Owner Adam of a farm gives the farm in 2003ish to son-in-law Hank via quit claim deed. Owner Adam becomes just Adam. Adam continues to live on the farm. New owner Hank doesn't ...
2
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1answer
50 views

Protection on deposit for home buyers

Is it legal for a real estate agent to accept a deposit on a house and then hold an open house for that property in NSW Australia? Also is it legal for the real estate agent to raise the price on the ...
2
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0answers
116 views

Changing the Title to a House [closed]

A friend and I bought a fixer-upper house. I paid in full for it. She was supposed to pay for all repairs, and made many other promises. She said she would have income from a settlement for 7 years ...
4
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1answer
200 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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3answers
3k views

Why do I have to sign a Corrective Warranty Deed for land I had no claim to?

I've found it get hard to get clear information on this subject, but here's the best I can come up with: My wife's maternal grandmother inherited land from her husband. Some of that land was sold to ...
8
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1answer
104 views

Is the description of number of rooms prescriptive or descriptive in Massachusetts condo docs?

We live in a three-unit condo, with three trustees (one per unit) who act by majority vote. We're interested in adding a second bathroom to ours — by converting an existing small room rather than ...
2
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1answer
453 views

Can a Texas landlord have the rental contract microscopic / unreadable?

My landlord in Texas has the whole residential lease contract formatted for Legal paper, but, for whichever reason, they instead print the PDF as zoomed out on Letter, and the whole thing becomes ...
1
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0answers
235 views

How is Texas eviction process different from California's?

For people moving from California to Texas (the direction of the migration is paramount and hard to dispute), and who may be familiar with the eviction process in California, what would be the ...
4
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1answer
331 views

Can California landlords protect against tenants paying retainer instead of rent?

I've heard that in San Francisco, with a landlord that's not on top of his things, and a tenant who doesn't care about his credit report, it would be cheaper to withhold rent and pay a retainer ...
4
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0answers
103 views

Differences between SoCal and NorCal real-estate

I recall that there are some significant differences in real estate law or procedures between Northern California and Souther California. What are the exact differences and where is the dividing line?...
1
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0answers
59 views

Can landlords omit fee structure on a lease?

A brand-new apartment complex, "professionally" managed by a huge management company, has refused to provide details on how much it'll cost to do lease reassignment, with the rationale being that they'...
6
votes
3answers
504 views

Can landlords refuse to show you contract prior to application?

I've seen some landlords refuse to provide a sample residential lease contract prior to making an often non-refundable application, in California and other states. Is it legal? Aren't you supposed ...
11
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2answers
8k views

Is rent acceleration legal in Texas?

Texas Association of Realtors' Sample Lease has the following: B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in ...
3
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1answer
3k views

Do landlords in Texas really have a duty to mitigate?

Texas State Legislature has the following Statute on the books: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.91.htm Sec. 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty ...
6
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1answer
314 views

Is it legal to prevent a single parcel of land from being split?

I've spoken with a landowner in the rural area of Saratoga, California, who owns a single parcel with more land than he knows what to do with, and I asked him why doesn't he build an MDU or some such, ...

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