Real Property Legal Questions & Answers


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Category: Real Property
How will marital property be divided if we divorce?

My husband and I own a house that is not paid for. He also bought a body shop and we owe a debt regarding the purchase of this property. However the body shop is doing well and he is making money. How are these properties divided if a divorce is granted? Am I entitled to half of ...

01/03/2007 | Category » Real Property  State » MS  #82
Is it possible to charge new owner for repayment of mortgage payoff after the property was purchased

A family member offered to purchase the home of another family member for $400,000.00. A contract was written but not on standard real estate forms for Pennsylvania. Also, no money exchanged hands between the parties except that the new owner paid off the mortgage balance which w...

01/03/2007 | Category » Real Property  State » PA  #86
What are my options to removing the Trailor I have worked out of for 15 years?

I have a mobile home I have used for fifteen years for tool storage and working out of as a carpenter. I live in a floodway in Jefferson County, Missouri, on a posted private road that is a mile and half long and is a dead end. Recently it was posted with a public nuisance sign. ...

01/03/2007 | Category » Real Property  State » MO  #111
Who is responsible for repairs to home since complete inspection report was not sent to realtor?

A real estate only sent the buyer of property one-half of the home inspection report prior to closing. After that it was discovered that the ENTIRE inspection report was not given to the buyer. Now the buyer has to pay over $5,000 for repairs just to bring the house up to electri...

01/04/2007 | Category » Real Property  State » AL  #115
Can the buyer terminate the contract if the home inspection revealed major repairs needed?

Buyer has signed a contract to purchase a house with the condition that the house pass a home inspection. However, Buyer would like to terminate the contract because the home inspection revealed some serious damages and the Seller did not disclose these problems prior to the sign...

01/05/2007 | Category » Real Property  State » AL  #132
Does a landowner have to sell to the state if they are wanting to purchase property?

Landowner A has a large tract of land that the state has offered to buy for a new road. Landowner A does not wish to sell any part of his property to the state or anyone else. Does he have to sell his property to the state or can he refuse? Can the state force Landowner A to sell...

01/05/2007 | Category » Real Property  State » AL  #160
Does a landlord have any recourse against a tenant for subletting a property?

Tenant A, a commercial tenant, assigns the remainder of his/her lease to tenant B, without obtaining permission from the landlord. The lease contains a non-assignment clause. Does the landlord have any recourse against Tenant A or Tenant B?

01/08/2007 | Category » Real Property  State » AL  #206
What can neighbors do to legally set the boundary so that it will be recognized by each neighbor?

Neighbor A wants to enclose his property with a fence, but neither he nor Neighbor B know the exact boundary line between their properties, though they agree that the proposed fence will mark the boundary. What can the two neighbors do to legally set the boundary so that it will ...

01/08/2007 | Category » Real Property  State » AL  #207
Is my neighbor liable for damage to my roof caused by a tree on his property?

My neighbor has a large oak tree near the edge of his property. During a severe thunderstorm, several of the tree branches broke off and landed on my house, damaging the roof. Is my neighbor liable for the damages to my roof?

01/08/2007 | Category » Real Property  State » AL  #208
What recourse do I have if the neighbor's tree has grown roots on my property causing fence damage?

Neighbor A has a large tree growing near the fence that separates his property from the property of Neighbor B. Over time, the roots have grown over into Neighbor B's property and have uprooted the fence in some areas. What recourse does Neighbor B have against Neighbor A?

01/08/2007 | Category » Real Property  State » ALL  #209
What are the requirements for adverse possession?

Owner A and Owner B own adjoining parcels of property. However, the property lines have never been clearly identified. Approximately 25 years ago, Owner A constructed a shed on what he thought was his property but is actually Owner B's property. Owner A has maintained the shed an...

01/08/2007 | Category » Real Property  State » ALL  #210
Do real estate forms have to be notarized?

Do real estate forms have to be notarized?

01/08/2007 | Category » Real Property  State » ALL  #222
What does tenancy in common mean?

What does tenancy in common mean?

01/08/2007 | Category » Real Property  State » ALL  #234
What is a closing?

What is a closing?

01/08/2007 | Category » Real Property  State » ALL  #237
What is a disclosure statement?

What is a disclosure statement?

01/08/2007 | Category » Real Property  State » ALL  #238
What is the difference in a warranty and a quitclaim deed?

What is the difference in a warranty and a quitclaim deed?

01/08/2007 | Category » Real Property  State » ALL  #240
What is the Real Estate Settlement Procedures Act (RESPA)?

What is the Real Estate Settlement Procedures Act (RESPA)?

01/08/2007 | Category » Real Property  State » ALL  #241
What is Truth-in-Lending?

What is Truth-in-Lending?

01/08/2007 | Category » Real Property  State » ALL  #242

Grantee - The person to whom an interest in real property is conveyed.

Grantor - The p...

Who is the grantee and grantor?

01/08/2007 | Category » Real Property  State » AA  #243
Does a contract to convey title to real property have to be recorded to be legal?

Does a contract to convey title to real property have to be recorded to be legal?

01/09/2007 | Category » Real Property  State » NC  #249
Does the intent to purchase land and an intent to the lease the land have to be notarized?

Does the intent to purchase land and an intent to the lease the land (e.g., lease/purchase agreement) have to be notarized to be legal and binding?

01/09/2007 | Category » Real Property  State » FL  #297
What trouble can you get into if a spouse transfers title of property in order to protect property?

How much trouble can you get into if one spouse transfers title of property, by whatever means, in order to protect that property?

01/09/2007 | Category » Real Property  State » AL  #299
Where can I obtain information on real estate law?

I need a real estate law book as soon as possible. My grandmother will not give me my deed, but gave me an eviction instead.

01/12/2007 | Category » Real Property  State » AL  #375
What forms are needed for an owner financing of a property?

I plan to sell a property and plan to carry the note for a period of 20 or so years. Which forms are needed for this transaction and what forms are needed to be submitted/recorded to the County to show that the new tenants will be paying the taxes for 2007.

01/12/2007 | Category » Real Property  State » TX  #383
What forms are needed to correct the title on my rental property to show my true ownership?

My Dad (joint partner) and I bought a Duplex. We agreed that since the idea was mine, I would pay for it and own it. I paid a total of 99.6% of the total duplex property and have proof of my payments. Deeds are incorrect (joint tenancy) and should have my true percentage of owner...

01/12/2007 | Category » Real Property  State » CA  #394
Does the state of Florida offer homeowners insurance in Ft. Pierce, FL 34945?

Does the state of Florida offer homeowners insurance in Ft. Pierce, FL 34945?

01/12/2007 | Category » Real Property  State » FL  #411
Does Ohio have a homestead law?

Does Ohio have a homestead law?

02/01/2007 | Category » Real Property  State » OH  #922
Where can I find a Fulfillment of Deed?

I now live in Florida, but had sold a home in Michigan 20 years ago. I am now asked for a "Fulfillment of Deed". The Buyers say that the Courthouse requires this form. I did send them a Satisfaction of Mortgage, but never heard of Fulfillment of Deed.

02/01/2007 | Category » Real Property  State » MI  #974
What is the right of redemption law in Alabama concerning the purchase of a foreclosed property?

What is the current right of redemption law in Alabama concerning the purchase of a foreclosed property?

02/01/2007 | Category » Real Property  State » AL  #1029
How do I get out of the ownership in property I inherited with my brother?

My brother and I inherited a rental property and are tenants in common. I want out. He said he will not sell and can't buy me out since then he has put money into the property without my consent or knowledge. The property is in Michigan. What can I do and what are my rights?

02/01/2007 | Category » Real Property  State » MI  #1245
What is the law regarding abandonment in Indiana?

What is the law regarding abandonment in Indiana?

02/01/2007 | Category » Real Property  State » IN  #1260
If someone under 55 inherits a home in an over 55 community are we required to let them live there?

In a 55 and over home association, when younger than 55 year old inherits a home and does not reside in the community, are we forced to let them (under 55) move into this community ?

02/01/2007 | Category » Real Property  State » FL  #1473
Do I own the land where the mobile home sits that my mother-in-law gave me?

My mother-in-law signed over to me a trailer in 1998. It was immoveable and we have lived there for 17 years. My husband left us for his cousin's wife. Now five years later the new wife wants to build a house right on top of mine. My mother-in-law is trying to get me out. She gav...

02/08/2007 | Category » Real Property  State » NM  #572
What can a husband and wife do to protect vacation property from creditors?

What can a husband and wife (residents of New York) do to protect vacation property real estate in New Hampshire from creditors since New Hampshire does not recognize tenants by entirety?

02/09/2007 | Category » Real Property  State » NH  #615
What forms do I need to use as a "disclamer" to property?

What forms do I need to use as a "disclamer" to property? My aunt left me her condominium (she is deceased) and there is no valid will. The form I am looking for is one to have my sister and my uncle to sign, so that they legally acknowledge they have no interest in the condomin...

02/13/2007 | Category » Real Property  State » IL  #694
How can I get a property under contract, in order to sell to my investors without taking title?

How can I get a property under contract, in order to sell to my investors without taking title?

02/19/2007 | Category » Real Property  State » TX  #745

Tenants-in-common:

Two or more people who take title to property usually take title t...

What are the pros and cons of Joint Tenants in Common and Joint Tenants With Right of Survivorship in South Carolina?

03/16/2007 | Category » Real Property  State » SC  #1623
What does it mean to have a homestead?

What does it mean to have a homestead?

03/22/2007 | Category » Real Property  State » MT  #2067
What does the term "AS IS, WHERE IS" in a commercial real estate transaction mean?

Does the term "AS IS, WHERE IS" in a commercial real estate transaction suffice with respect to representations?

03/26/2007 | Category » Real Property  State » TX  #2184
What is the process to file a Notice of Commencement or Ohio Notice of Furnishing?

We are a building material supplier and have never filed Notice of Commencement or Ohio Notice of Furnishing before. Can you please explain the process ie., 1st step, 2nd step and is it also necessary to file NOC.

03/28/2007 | Category » Real Property  State » OH  #2246
Does my wife have any rights to make decisions about property willed to me by my parents?

Prior to my father's death in 1981 he deeded in my name, a house and some land, giving my mother a living will at the same time. My mother died a few months ago and I am planning to sell both the house and the land, but my wife said she should have some imput in the matter even ...

03/30/2007 | Category » Real Property  State » MS  #2387
The only access to my property is the private property behind my land which the owner locked

We have lived behind private property for 24 years. The owner of the property has let us put our own lock on the gate to get in and out. He has now told us we can't use the road anymore and has locked our lock out. This is the only reasonable way in and has been used for 50 ye...

04/06/2007 | Category » Real Property  State » TX  #2705
Is there a way to stop my elderly father from being taken advantage of at his age?

My father is 81 years old, in the past year he quick claimed a house and 5 acres (value $350,000) also quick claimed 20 acres of land (value $265000) to one grandchild. He has 2 living children and 5 grandchildren total. He said it was his property he would what ever he wanted ...

04/10/2007 | Category » Real Property  State » TN  #2870
Will a homestead act protect you from civil suits? - Real Property

Will a homestead act protect you from civil suits?

04/14/2007 | Category » Real Property  State » MA  #3102
What ways can real estate be transferred other than sale?

What three ways of ownership of real estate can be received other than a normal purchase contract between buyer and seller?

05/04/2007 | Category » Real Property  State » OH  #3737
I am in a divorce and my husband is trying to sell the home without my permission?

My husband and I have a Property Settlement Agreement. We own a home together, he is in sole possession of the home. Is he allowed to sell the home without my signature on the sales contract. My realtor says no, I must sign. He is trying to list it without me. Is that legal?

05/08/2007 | Category » Real Property  State » VA  #4146
Does my father who helped me purchase my home have legal rights to it?

My dad borrowed $360,000 dollars against his house and bought me a house with loan. He paid cash for my home, but kept title for himself. A year later he added me to title as co-owner. Another year later he signed over grant deed to me as sole tenant. There never was a written ag...

05/08/2007 | Category » Real Property  State » CA  #4224
Am I legally obligated to allow usage of the garage now that the property is in my name?

My wife and I were able to move into her grandparents home after their death by an agreement between the heirs and ourselves that we would pay off an equity loan, and allow the male heirs use of the garage to perform routine maintenance on their vehicles, all of which is in a doc...

05/09/2007 | Category » Real Property  State » NC  #4354
How can I change a covenant or restriction within a homeowners asscoiation?

How can I change a covenant or restriction within a homeowners asscoiation?

05/10/2007 | Category » Real Property  State » TX  #4414
How would I add a name to the deed to prevent paying an inheritance tax later - Real Property

My father recently passed away, I am an only child. My mothers home will be left to me. Can I add my name to the deed to prevent paying an inheritance tax later? She wants to give it to me now, but she gets a huge break on taxes with her age. I live in Pennsylvania, the house ...

05/11/2007 | Category » Real Property  State » PA  #4458
If my lender forecloses on my Tennessee house, can the lender put a lien on my Florida house?

If my lender forecloses on my Tennessee house, can the lender put a lien on my Florida house for the loan deficiency of the Tennessee house?

05/13/2007 | Category » Real Property  State » FL  #4609
How do I transfer a property to my son but still have access to use it?

If a person lives in NY and has a house in Florida. Then signs the house over to the son. Can it be stipulated in the transfer that she has live use of the home?

05/13/2007 | Category » Real Property  State » FL  #4617
What would be real property in an estate?

This question is for the County of Gloucester, State of New Jersey. What exactly does "contents" mean in a Will when it reads "all of my real property and contents thereof"? This was left to my father's second wife (of only 2 years) (he was married to my mother for 42 years). ...

05/26/2007 | Category » Real Property  State » GA  #5956
As Tenant in Commons what are my rights to the home I have shared with my partner for 19 years?

I HAVE LIVED WITH A MALE FRIEND FOR 19 YEARS AND WE OWN A HOUSE AS TENNANTS IN COMMON. I HAVE DECIDED TO END THE RELATIONSHIP & MOVE OUT. WHAT AM I ENTITLED TO?

05/30/2007 | Category » Real Property  State » MD  #6043
What are the qualifications/requirements to becoming a predecessor in interest?

What are the qualifications/requirements to becoming a predecessor in interest? and if you are a predecessor in interest, are you one forever or is there some way to lose that title?

06/06/2007 | Category » Real Property  State » NY  #6210
Do I still have to pay my mortgage while the Army send me to war?

If the U.S Army deploys a resident to Iraq for 1 year, will he be expected to pay his lease, or can he be released from the obligation of the lease, without being sued when he returns home from war.

06/19/2007 | Category » Real Property  State » CA  #6534

State statutes uniformly give the condominium organization power to adopt bylaws governing th...

My mom owns the condominium I live in and I have power of attorney. Does that give me the right to run for a spot on the board?

08/12/2007 | Category » Real Property  State » ALL  #7891
Is my ex-boyfriend entitled to money back that he put into my house while living there?

My boyfriend at the time a year and half ago put money into my house that only I own, only my name on everthing. We now split up and I asked him to move out. He has not paid me for rent to live there for 3 years. Now he claims I need to pay him $50,000. I gave him about $10,0...

08/13/2007 | Category » Real Property  State » ALL  #7904
How long does a person have to live in a house to establish residency?

How long does a person have to live in a house, to establish residency. I have heard its two weeks??

10/25/2007 | Category » Real Property  State » CA  #10960
I will like to know what is the meaning of section 226b of the real property law (on a lease)?

I will like to know what is the meaning of section 226b of the real property law (on a lease)?

10/31/2007 | Category » Real Property  State » NY  #11321
How and where do I get a quiet title form?

How and where do I get a quiet title form?

10/31/2007 | Category » Real Property  State » AR  #11356
What would be my insurance needs and liability associated with my buying a condotel?

What would be my insurance needs and liability associated with my buying a condotel? What am I responsible for with the condotel?

11/09/2007 | Category » Real Property  State » NY  #11937
Is Jointly Owned Property In Maine Considered Joint Tenancy Or Tenancy In Common

I was recently told that, in the State of Maine, a married couple owning property together, with both of their names appearing on the deed, holds that property as a tenancy in common rather than a joint tenancy unless the deed specifically states that they hold the property as jo...

12/22/2007 | Category » Real Property  State » ME  #14251
How does a petition to partition property work?

How does a petition to partition property work?

12/05/2008 | Category » Real Property  State » NH  #14745
How do I put a lien on a building I have money invested in?

I have invested in a building. I have a quit claim deed on the property, but I would also like to put a lien on the building to protect my interests. What do I need to do? Where do I file this, and what form do I need?

12/05/2008 | Category » Real Property  State » CA  #14747
If I pay to park on someones property, what obligation do they have for my safety?

If I pay to park on someones property, what obligation do they have for my safety in the state of Maryland?

02/03/2009 | Category » Real Property  State » MD  #15146
Is it trespassing if a person comes on a rural residence after he has been told to stay away?

In the state of Kansas, is it considered trespassing if a person comes on a rural residence after he has been told to stay off the property? The property in question is being used by my son's ex-wife. The person is a boyfriend of the ex-wife. If it is trespassing what action c...

02/09/2009 | Category » Real Property  State » KS  #15203
The effective date of a corparte assignment

what is the effective date of a corparte assignment of deed of trust is it the date on the document 11-12-2007 or the notarized date 11-23-2007 or the recordation date feb 20 2008.

03/12/2009 | Category » Real Property  State » CA  #15595
Is my mom entitled to a share of the proceeds from sale of the house at the end of her life lease?

My mother has been given life lease on a home that was purchased by her husband, who is now deceased and the home is in the children's name. When she decides to leave the residence, she has been advised that she has to sign off on the life lease. Is she entitled to any share of t...

04/27/2009 | Category » Real Property  State » NY  #16189
My father is deceased and my mother wants to sell property that was in both names

The property in question is in El Paso, TX, while my mother resides in California. Does my mother need a warranty deed to provide to TX recorder's office, and if so, what would it say? She is considering selling the property. My father, now deceased, set up a living trust himself...

04/28/2009 | Category » Real Property  State » TX  #16288
What legal documents are needed if I bought a piece of land from my sister?

I bought a lot from my sister a couple years ago but we never completed any legal documents. Since then I have built a house. I would like to complete, file, the necessary forms to make the land purchase transaction complete under the law. What forms do I need?

05/01/2009 | Category » Real Property  State » ALL  #16509
What are the duties of the naked ownership to the usufruct after a judment of possession?

What are the duties of the naked ownership to the usufruct after a judment of possession?

05/02/2009 | Category » Real Property  State » LA  #16519
What is the best way to give our children our home without having to pay gift taxes?

My wife and I own a house in New York and we would like to know how we can transfer this house to our 2 children without triggering gift taxes or any other taxes. Do you recommend that we just give the house outright to them or add their names as owners?

05/04/2009 | Category » Real Property  State » NY  #16536
What form should I use to remove my deceased husband's name from our real estate?

WHAT FORM DO I USE TO HAVE MY DECEASED HUSBAND'S NAME REMOVED FROM OUR REAL ESTATE PROPERTY SINCE WE HAVE A REVOCABLE LIVING TRUST?

05/28/2009 | Category » Real Property  State » TX  #16798
How Do I Transfer Property Out of Joint Tenancy in Indiana?

I AM A CO-OWNER THROUGH A QUIT CLAIM DEED WITH MY GRANDMOTHER AGE 88. I HAVE LIVED IN THIS HOME AS A TENANT WITH THE THOUGHT THAT I WAS RENTING THIS HOME ONLY UNTIL SHE WAS TO PASS AWAY. I SIGNED A QUIT CLAIM DEED THAT DOES NOT REFLECT WHAT I HAVE BEEN TOLD BY MY FAMILY FOR YEARS...

06/22/2009 | Category » Real Property  State » IN  #17133
Who Pays for Closing Bridge in Iowa?

We have a farm in a drainage district .County wants to close road due to bridge.Iowa code468.108 states board of supervisor shall move, build, or rebuild it, paying the cost , from county funds. Is this true

02/09/2011 | Category » Real Property  State » IA  #24188
Can I lend buyer of my home the closing costs and have them repaid with interest?

I'm selling a house, using your forms. The buyer is financing through a lender and has limited funds for closing. I have agreed to pay closing costs and the buyer has agreed to pay me 6500 over four years at 11.15% interest. That arrangement would be separate from the sales contr...

06/24/2011 | Category » Real Property  State » MI  #25090