Questions tagged [real-property]

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6
votes
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 ...
1
vote
1answer
106 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
157 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
vote
2answers
88 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
votes
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
57 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
votes
1answer
62 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
vote
1answer
47 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 ...
0
votes
0answers
54 views

What does the article of this will mean in layman's terms?

ARTICLE III I specifically device and bequeath a life estate of my real property located at LOCATION unto PERSON1 as long as they reside there upon and reasonably maintains the same with the ...
0
votes
0answers
21 views

signature requirements on deed

I understand that deeds, which are used to transfer real estate, are not governed by the Uniform Commercial Code. The UCC signature requirements allow a wide range of methods for executing a signature....
2
votes
1answer
101 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
0answers
109 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
votes
0answers
119 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
votes
1answer
152 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 ...
1
vote
1answer
112 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
112 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
vote
2answers
84 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 ...
2
votes
1answer
210 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 ...
3
votes
0answers
38 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
vote
1answer
43 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
vote
0answers
48 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 ...
1
vote
1answer
50 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 ...
1
vote
0answers
35 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 ...
6
votes
3answers
5k 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 ...
0
votes
2answers
277 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 ...