Questions tagged [real-property]

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votes
1answer
88 views

Rainwater directed from neighbour's property by older construction

Consider two adjoining properties in a high rainfall location. Both owners are relatively recently moved in. The owner of PropertyA discovers there is ongoing property damage due to rainfall ...
1
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1answer
72 views

Real estate law omission of important disclosure

Suppose that a person A bought a house in california three years ago. The last owner had lived in that house from the time it was built in 1964 until four years ago. When the owner passed on, the ...
1
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0answers
31 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 ...
2
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2answers
73 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 ...
0
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1answer
85 views

Civil Case- Tricky Eviction

Let’s say, for instance, that a person is renting a home from someone who has died. However, the alleged landlord is the son of the deceased owner of the home. Only problem is that this son has never ...
29
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2answers
3k views

Copyright a Land Feature?

This sign is posted on private property in New Mexico, USA at: 35.47212, -106.15719 COPYRIGHT NOTICE Photos and videos taken of Lone Butte Mountain may not be directly or indirectly published, ...
4
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2answers
113 views

Who gets the pay-out from insurance after a house fire? The person who lives there, or the person who paid the premium?

Two siblings inherit a house 50:50. One lives abroad and wants to sell-up and split the money, the other is jobless, doesn't want to sell, lives in the house and won't negotiate with other sibling. ...
1
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1answer
117 views

The big-boys want to use our condo-fee to repair their private portion

I live in a small condominium with eight units. Two units have their private balconies with private entrance. They want to have a major repair done for their private portion. The expected cost is ...
2
votes
1answer
168 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 ...
1
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2answers
99 views

Criminal action for "accidental" property damage

I recently saw a story on YouTube about a family which had an issue dealing with a roofing company. The roofing firm somehow made an error about which house they were supposed to re-shingle and ended ...
5
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1answer
1k views

What is a "Right of a seat in church" Easement attached to land

I was casually reviewing property statutes for Oklahoma, as one is wont to do, when I came upon: 60 OK Stat s60-49: The following land burdens or servitudes upon land, may be attached to other land ...
2
votes
1answer
71 views

What happens to the mortgage on property which has been 'Adversely possessed'

So if property has not been utilised by the original owner, and another person starts to occupy and utilize it for a reasonable period of time (i.e., 20 years), the new occupier can lodge for the ...
0
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1answer
97 views

HOA bylaws: Are they enforceable absent a contract?

If one lives in a community (a “Resident”), in which there has been a longstanding non-profit corporation calling itself a “homeowners association” (the “HOA”), with bylaws, and registered with the ...
1
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1answer
64 views

Does the surveying term "right-of-way line" refer to a single line, or to a strip or swath?

I'm taking a class in real property law. We have many exercises where we read a survey map and write a legal description in metes and bounds. Many of the maps use the "centerline" of a road but some ...
2
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0answers
120 views

To what extent has the legality of property taxes been tested in American courts?

In the United States, many State governments tax land property owners based on the value of the property. These taxes are assessed every year and must be paid or the state will seize your property and ...
2
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0answers
140 views

How hard is it to dissolve an HOA?

In Texas, and in the county I'm speaking of, to dissolve or drop out of an HOA there needs to be a 2/3 majority of property owners (1 vote per property) voting in the affirmative in order for a ...
2
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1answer
125 views

What is the legal term for enforcing things when an HOA has been lax previously?

Let's say an HOA has been very lax in enforcing its CC&Rs in the past. There are restrictions about fencing, but many owners got and received variances in the past and have put up fences that don'...
-2
votes
1answer
209 views

HOA president using HOA funds for a French drain in his back yard

I am the new treasurer of an HOA board. The president of the HOA has complained that his back yard is soggy when it rains and has arranged for the HOA to pay to have a french drain installed in his ...
6
votes
4answers
4k 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 ...
1
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1answer
125 views

What to do about neighbor's dangerous retaining wall

Several years ago, a neighbor built a retaining wall on the property line. It is a really cheap retaining wall and made from wood. The wood is now rotten and the wall is falling apart. Worse, cars ...
1
vote
1answer
141 views

Can lease holder physically remove my items from home without judges order?

I live in a shared home and pay rent to the lease holder. He doesn't want me to live here anymore. The leaseholder basically said he has the right to kick me out whenever he wants and to remove my ...
1
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2answers
87 views

Buying a house in a partnership [closed]

I am buying a house with a colleague in California. I am paying 80% and he is paying 20%. He is going to live in the house, and pay rent for my 80% stakes in the house. Is it at all legal? Can I ...
3
votes
0answers
40 views

Can I allow use of a property while limiting exposure to liability?

I own a semi-rural property in Canada which I use as a seasonal residence; it's unoccupied for long periods. People in the surrounding community are accustomed to traversing the property ...
0
votes
1answer
29 views

which quitclaim deed do I need?

The owner of the house is deceased, and still has mortgage to pay. The wife would like to take over the home, and pay for it whole. With this circumstance, which quitclaim deed is needed?
1
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1answer
45 views

What is a transfer of title document?

My father passed away, and I want to put the house under my mothers name. The loan servicing company is asking for a transfer of title document. I am unsure what that is, or how I would go about ...
1
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0answers
67 views

Legality of unwritten covenants - Architectual Review Process - HOA

I'm preparing to submit house plans for approval by my Architectural Review Committee. I felt confident. We prepared a house to the specifications of the covenants and studied them carefully. I just ...
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0answers
39 views

Rights of access to a landlocked plot - le droit de désenclavement

I have a question about Rights of Access in France. I've read that landlocked land can be accessed via 'the shortest possible route' but I'm not clear whether that always means 'shortest distance to ...
7
votes
3answers
6k views

Is it legal to put a billboard on residential property?

A billboard is put on top of a person's roof or on his vacant land. It is zoned residential. This person lives on a main road and the billboard is visible to cars travelling on it. He hasn't received ...
1
vote
1answer
55 views

Are there tax implications in Ohio when giving a house to someone else?

I have a house that had fire damage. I would like to give the property to a restoration company to avoid having to pay out the money in repairs. Are there any tax implications if I give the ...
2
votes
1answer
218 views

Could something like CyberBunker be legally ran in the US?

CyberBunker is the name of a company and Soviet-era nuclear bunker that has been converted to a datacenter in Holland. They made some news a few years ago when they were raided by a SWAT team, but the ...
0
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2answers
279 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 ...