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Marshall D. Chriswell

Marshall Chriswell’s Answers

99 total

  • How can I obtain adverse possession of land that is owned by a political subdivision and also be awarded title ?

    I own a home that sits on land under title of a political subdivision. I've been there over 25 years, payed taxes on the land, and made improvements. The land in question was never devoted for public use nor do I share use of the land with another...

    Marshall’s Answer

    You would have to file a quiet title action in court, and establish that you meet all of the requirements for adverse possession. If the court determines that you have had exclusive, continuous, hostile, and open possession for over 21 years - and that the government entity in ownership is not immune from adverse possession - then you may be able to obtain ownership to the property.

    I highly recommend seeking the help of a real estate attorney prior to any action.

    Good Luck.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • If tenant breaks lease after 4 months of a 1 year lease, do they owe landlord?

    A Mother/daughter rented it. A high school age son came to visit and stayed. I gave them notice I wanted more rent since he wasn't on lease. They have been difficult from day 1. I really wanted them to move. They found another place then gave 12 ...

    Marshall’s Answer

    Yes, because they breached the lease. You can seek a judgment at the Magisterial District Court for the balance of the rent. However, a landlord in a residential lease has a duty to "mitigate damages." This means that your best course of action is to diligently attempt to rent the unit, and then sue the mother/daughter for the balance (i.e., the amount of rent payments you actually lost by their breaching early).

    You may want to consult a landlord/tenant attorney to walk you through this. Good Luck.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • I had 2 lower back surgeries.Do I need my doctor in order to apply for S.S.Disability benefits?

    The recent one in July 2011 I had to have a bone graft and had rods and screws put in my back.Still going to pain management doctor due to still having lower back pain and bad muscle spams & numbness in my leg.On pain medicine and had sereval Kena...

    Marshall’s Answer

    It will be difficult to obtain Social Security Disability benefits if your only treating physician is of the opinion that you can perform full-time work. The Social Security Administration will want to see that doctor's records when you apply. Your best bet is to visit another doctor prior to applying, and hopefully obtain an opinion that is more consistent with your actual ability to work. This way your first doctor's opinion is not the only one on the record.

    If I were you, I would hire an attorney to help you with the application process and present your case.

    Good luck.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • My aunt died last year and left a home to her heirs ( grandchildren). the home still have a mortgage on it and there is no will

    the heirs want me to have the property. i was gonna move in but now there's squatters on the premises that will not leave. I am in pennsylvania. what do I do to move into the property

    Marshall’s Answer

    The appropriate action in your situation is for the owner of the property to file a lawsuit for ejectment. If the property has been deeded to you by the estate, then you are the owner, and would file the lawsuit. If the property is still owned by the estate, then the estate would need to sue.

    If the action for ejectment is successful, the court will issue an order of possession to the property owner, and then the owner could have the sheriff remove the squatters.

    If the "squatters" are actually tenants, then they will have to be evicted. The owner will have to follow PA procedural rules, including giving legal notice, and seek an eviction order through the District Court.

    I highly recommend you seek the assistance of an attorney.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • My daughters fatger mentally and physically abuses me. What are my rights?

    I've been with my dughters father for two years and the whole two yeas since I got pregnant inapril 2010 he has been abusing mr. He threatens tokill me. Andwhen I do leave he just stalks me. Can I sue him for all this abuse? I turned to the cops p...

    Marshall’s Answer

    I agree with my colleagues that you should seek a Protection from Abuse order, and seek help from a women's shelter. However, your question also asks whether you could sue your abuser. The answer is that you may be able to sue him for personal injury and obtain a money judgment as compensation for the the physical and emotional damage he has caused you. I would recommend seeking the advice of a lawyer in your area.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • Can my landlord make me pay a loan she made to take lien off building/that was put on by utility co. for bill?

    utility bill was being paid but just not in full. co put lien on building, landlord said, and she went and got a loan to pay off. can she put me out or make me pay for loan?

    Marshall’s Answer

    I think we need more information here. Who was responsible for paying the utilities per the lease? If you were responsible, then failure to pay the utility bills on time is a breach of the lease agreement, and can be grounds for eviction. However, your landlord cannot evict you without giving you legal notice and instituting a suit for possession.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • How do i collect $8,500 in back rent in Pa.

    she filled for disabilty almost 2 years ago

    Marshall’s Answer

    We need more facts to answer this question. Please tell us who filed for disability (the tenant?) and why you believe someone is entitled to back rent. Why is the disability filing related to the rent payments?

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • If my landlord has not payed me for the repairs i payed out of pocket and is threatening to evict me what can i do?

    She owes me almost 600 dollars and hasn't payed me for a year. She gave the excuse she has been waiting to get the roof done than she would pay me. Well the roof has been done for about 4 months now.

    Marshall’s Answer

    One option is to withhold the $600.00 from your monthly rent payment. This will likely result in your landlord attempting to evict you (you say that she is threatening to do that already, but you don't say why).

    In order to have you evicted, your landlord must give you proper notice and must file a case with the Magisterial District Court to obtain an order for possession. She cannot just kick you out. You will be given the opportunity for a hearing prior to being evicted. At that hearing, you can explain to the judge, with your receipts, why you withheld the $600.00.

    Before withholding rent, I recommend seeking the advice of an attorney. I don't know all the facts of your case, and this strategy could leave you homeless.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    www.westernpalawyer.com
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • Squatters rights/Adverse Possession in PA?

    My Uncle has lived on my Great Uncles property for approximately 19 years now. The property taxes come in his name and to the bast of my knowledge have been for the whole time he has lived there. He owns his own trailer and has his own insurance...

    Marshall’s Answer

    • Selected as best answer

    You will have two significant problems making an argument for adverse possession: First, the time for adverse possession in PA is 21 years, and your uncle has only been in possession for 19 years. However, even if he would manage to stay on the property for another two years, he would not likely succeed in obtaining the property under adverse possession. This is because his initial possession was undertaken with the permission of your great uncle. Adverse possession must be "hostile," that is, without permission.

    On the facts you have given, other than coming to an agreement with your great-uncle (or his brother via POA), I don't believe your uncle could "claim/take the land."

    Is your great uncle still alive? If not, the will (or a deed in joint tenancy) controls the disposition of the property, not a conversation from two years ago. If he is alive, is he physically and mentally capable of making decisions about the property? If so, your uncle would want to speak with him directly.

    Of course, I don't know all the facts of this case. I recommend that you speak with an attorney in your area for more decisive guidance.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question