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lawyeranswer2017

Questions to ask real estate lawyer from Ruth Baker

Q: Can my neighbor which is the sole entry to my home, and who bought the private road on which I dwell, limit my access?

I live on a triple dead end and possess 4 contiguous houses in the neighborhood while my neighbor's extended family owns 7 contiguous homes, 2 of that have been constructed in the twenty years since we purchased our house from his cousin and the other 3 from his uncle. He purchased the private road which goes only to my houses(and ends in front of my house) from exactly the same uncle and today desires to trade it for a big piece of our original multi-acre lot so he is able to build another house. From what little I recall of real estate law from law school, I've told my husband the neighbor cannot impair the sole use of our property and therefore we don't need to possess the road, particularly as we neither need to give up any land nor encourage another house in our modest neighborhood. I feel this is borderline blackmail. Thank you in advance.
Lawyer Answer Tristan Kenyon Schultz

A: Your recollection is right. Being the law, there are always complexities, but the dominant (first) estate and its particular successors cannot limit or prevent entry to a past authorized servient estate in the event the sole means of access is via the dominant estate. Moving out of English common law, you very likely have a "right of way" easement. If the easement is recorded you have a simple case (in your favor). In the event the easement just isn't recorded, you may have to demonstrate the importance and existence of the easement (from your facts this shouldn't be extremely challenging).

Real estate lawyers - Toronto

Q: I live in a house made of two flats the whole house is infested with bedbugs what can I do?

I've an apartment in New York, and Ive had bed bugs for the past 1.5 years due to the bottom flat in my building having them. My landlord didnt fix the issue and has had someone who's just an area bug man come out 3 times. Ive told her many times over the telephone and in person. She only asks me for my rent and that I keep paying because Im scared she will kick me out. What can I do? Ive needed to block my entire flat of and live simply in my living room and sleep on the floor.
Lawyer Answers Ali Ebrahimzadeh, Esq.

A: See: http://www1.nyc.gov/site/doh/health/health-topics/bedbugs.page More information are necessary to give an expert evaluation of your issue. The best first step is a First Consultation having an Attorney. It's possible for you to read more about me, my qualifications, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in these areas of law: Criminal Defense, Divorce & Child Custody & Contracts, Business, and Education Law. This solution does not represent legal advice; make any forecasts, guarantees, or warranties; or create any Attorney-Client relationship

Q: I rent out my basement and own a condominium in Indiana. It's a common entrance. Do I need any type of license or renters ins?

I live in this condo. I have roommates in the cellar who don't have a written lease with me. Just verbal.
Attorney Reply Alexander Florian Steciuch

A: It's going to depend your geographical area. There's no statewide renter system or database. Some cities require all rental units of their jurisdiction to be registered. By way of example, Bloomington requires your property be registered with all the city and scrutinized if you're renting out rooms or the property to other people. Is your condominium part of condominium association or a housing association? They might have significantly more rules regulating renters which you would have to abide by if you're a part of this kind of association. As a general rule of thumb, it's always a good thought to possess insurance to cover damage to the home and it's clever of any renters to possess renter's insurance in case of burglary, larceny, fire, etc.. Finally, get your renter's lease deal in writing. In a few situations its crucial so that you can own an enforceable contract determined by the duration of the lease but in every instance having something signed and in writing is preferable over a verbal contract. It gives the court something if you ever need certainly to litigate, to analyze and will help protect everyone.

Q: If the town getting ready to deem the house condemned due to the sepetic, can I ask for a continuance on a case eviction

They've 5 health violations and haven't fixed them. Town is taking on those to court as well. Plus defamation of character. They lied to the town saying we're threating them and they want escorts to property. There is quite a bit of thing wrong here but I dont need to spend money only to be put out on the basis of the condemnation.
Attorney Reply Ali Ebrahimzadeh, Esq

A: Why really would you want to stay in a condemned house? Additional information are essential to give a professional analysis of your problem. The best first step is an Initial Consultation with an Attorney. You're able to read more about me, my qualifications, awards, honors, testimonials, and media appearances/ publications on my law practice web site. I practice law in CA, NY, MA, and DC in these areas of law: Criminal Defense, Divorce & Child Custody & Contracts, Company, and Education Law. This response doesn't constitute legal advice; make warranties, guarantees, or any predictions; or create any Attorney-Client relationship.

Q: Could I sell the property i bought to among the orignal owners at a tax sale that is private kids who wants to dwell there

Attorney Answer Dr Kenneth V Zichi J.D.

A: You want to iF you own the property you can sell it to any adult. You mention a tax sale that is PRIVATE nonetheless. To my knowledge there's no such thing. Taxes are owed to the authorities, along with the government cannot sell its tax lien 'in private'.... You may not own the home? Have you ever simply bought some sort of lien? I had demonstrate the paperwork to your local licensed attorney to learn everything you own before you make an effort to sell it! This response is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. In case you feel you need legal counsel, please seek competent local legal assistance!

Q: If I am the only child and my last living parent simply died do I've to go threw probate?

Lawyer Answer Vincent J. Bernabei


A: Your parent's estate may be subject to probate if assets were owned by your parent in their own name at the time of his/her departure, and there's no combined owner nor any named beneficiary on your own parent's account. Examples add a property in your parent's name alone, or a bank account in your parent's name without any payable on death beneficiary named. According to the worth of your parent's assets, there are a few choices to probate. As an example, you might be able to transfer possession of the assets by way of a small estate affidavit as opposed to a formal probate proceeding. That is a a cheaper and much faster procedure than probating the estate.

Q: Does a contract using a management firm survive a sell of property having a fixed lease?

I sold a rental property in November using a fixed lease that had left on the lease with a renter in place. The lease and property are managed by way of a property management company. Property management switched. Rent was paid by the tenant to the management company that was old and the management company deposited cash within my account of rent minus the management fee minus direction fee for the time of unused lease. I agree I should pay. Nonetheless, I do not agree to the sum piece was kept by the management firm. My contract together with the management company says the management business can keep the fee's for the duration of the lease. Since I sold the property, I believe the error is about the newest owner since the contract broke which he bought with all the property when he switched management firms. Is that right?
Attorney Answer Leonard Robert Grefseng

A: When you consented to sell to him, all this should be covered by the contract/purchase agreement you entered into with all the buyer. Get that contract out and examine it to see how things were assumed to be managed. In case the property was sold "subject to" the existing contracts and leases, you are right. Each of the existing contracts would bind the buyer, including the management contract. I presume all this was properly disclosed to the customer. Something is for sure- the rent can't be kept by you.

Q: When you inherit a home that was in a trust, does the tax basis change?

The house is owned by the trust. My mum is the trustee and I'm to get your house upon her passing. I've a duplicate of the trust and will. Without increasing the tax basis of the house can I set the title within my name?
Lawyer Answer Richard Samuel Price

A: In my opinion that you will be talking about the assessed value for property taxes. A transfer of a home from parent to child can be excluded from reassessment for property tax purposes. For the primary residence, there's an unlimited exclusion. For all other property, the exclusion is limited to the very first $1M of value. You must file an application for the exclusion with all the tax assessor within three years of the transfer. In a nutshell, that means that the property taxes should stay the same.

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