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Paul Dezso de Holczer

Paul de Holczer’s Answers

103 total


  • My neighbors property line is about 2 feet away from our house, can he block a driveway that leads to the back of our property?

    There is a gravel driveway that leads to the back of our property, our neighbors own that gravel driveway and it is our only way to get to the back of our property (woods on the other side of our house). We have been using it for nearly 7 years ,...

    Paul’s Answer

    Dana Atchley provided a sound response to this question. There are many facts which must be considered. If the questioner wants to use the driveway, then the questioner will likely have to litigate this matter in the courts. That is best pursued using an attorney in South Carolina and NOT by way of handling the matter without an attorney.

    If the questioner does not want to spend the money to litigate the matter, then it is probably best to clear the woods and construct a driveway on the other side of the house. Depending upon the local jurisdiction and the ownership of the road on which the house sits, it may be necessary to obtain permission for a driveway at the particular location proposed; however, this is usually not a problem.

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  • Home in forecloser been on med.leave from work got a place gonna help they need copy of deed deed has not been filed yet .legal?

    when bought home the company mailed paperwork i had to sign and get it noterized and send back is that legal in sc.

    Paul’s Answer

    I agree with the other attorneys' answers. I, too, have a difficult time understanding exactly what has happened. For this reason, especially, I recommend that you contact an attorney immediately. You need to meet with an attorney about this. You can contact the SC Bar's Lawyer Referral Service ( http://www.scbar.org/publicservices/findalawyer...) by telephone at (800) 868-2284.

    If you do not have much money, you may be eligible for Legal Services (http://www.sclegal.org/Home/tabid/207/Default.aspx).

    Spartanburg Office
    Serving: Cherokee, Spartanburg, and Union Counties
    148 E. Main Street
    Spartanburg, SC 29306
    Toll Free: 800.922.8176
    Phone: 864.582.0369
    Fax: 864.582.0302

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  • Can the HOA go onto abandoned property for cleanup?

    A house in our neighborhood has been abandoned and the yard is severely overgrown. The Homeowners Association wants to hire a yard service to clean up the property and then put a lien on the property for the cost of the cleanup. Can the HOA send a...

    Paul’s Answer

    Probably. I agree with the other attorneys' answers. One question arises in my mind from your question: Are you asking this as the owner of the abandoned property, as a homeowner in the neighborhood, or as an officer of the HOA? If the HOA does not already have a relationship with an attorney or law firm, it ought to establish one and manage this situation through its attorney to avoid liability and problems.

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  • I want to put a fence on the property line. I live in sc. can I cut down 2 trees directly on the line?

    don't want to speak with neighbor. bad history

    Paul’s Answer

    To avoid a physical altercation leading to injury and criminal charges, you should speak to an attorney.

    The newspapers frequently report stories where these sorts of disputes led to unnecessary tragedy and expense. For example, in 2011 in Lancaster County, an argument about property lines and harvesting trees in rural northern Lancaster County reportedly turned into a shootout among three family members -- not even bad neighbors or strangers. There were injuries and charges of attempted murder. Unfortunately, this is not a rare example.

    South Carolina has a law which may well permit you to remove the trees according to a set procedure. You will likely need to retain an attorney to properly engage that procedure. In this type of situation it is not advisable for you to rely on your own management of this procedure or for you to rely on force of arms and the use of weapons.

    The statute that should assist you is S.C.Code Ann.§ 15-67-270.

    Good luck!

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  • I want my boyfriend to leave our home but he refuses. The deed and mortgage are in my name only. Does he have any rights?

    We have lived together for almost 3 years and the house was bought in SC last February (2012). We split the downpayment and all mortgage payments. I want a clean break but he claims to have just as much right to stay in the home as I do but I refu...

    Paul’s Answer

    You need to meet with an attorney about this. You can contact the SC Bar's Lawyer Referral Service ( http://www.scbar.org/publicservices/findalawyer.aspx) by telephone at (800) 868-2284.

    If you do not have much money, you may be eligible for Legal Services (http://www.sclegal.org/Home/tabid/207/Default.aspx).

    Greer, of course, straddles county lines so you will need to contact one of these offices depending on where your residence is located. Greenville:
    Greenville Office
    Serving: Anderson, Greenville, Oconee, and Pickens Counties
    701 S. Main Street
    Greenville, SC 29601
    Toll Free: 800.763.4825
    Phone: 864.679.3232
    Fax: 864.679.3260

    Spartanburg Office
    Serving: Cherokee, Spartanburg, and Union Counties
    148 E. Main Street
    Spartanburg, SC 29306
    Toll Free: 800.922.8176
    Phone: 864.582.0369
    Fax: 864.582.0302

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  • Should I purchase a lot with a property lien on it using a quit claim deed?

    what are the risks in buying a lot from an individual that brought the lot on a tax sale, with a lien still attached to the property?

    Paul’s Answer

    There is no "cut and dried" answer to this question. The answer depends on the nature of the lien, the purpose of your purchase, whether or not you need this property, etc.

    In some cases the risks will outweigh any potential advantage to you; in other cases the risks will be negligible and will not outweigh the advantages to you of purchasing the property.

    Consult an attorney.

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  • Property Owners Association in SC. The Board of Directors are making decisions without the property owners.

    They said last year they were charging a one time restaurant user fee and it is in the minutes that they said this. This year they decided to charge it again without asking property owners, They have already remodeled the lounge and restaurant a...

    Paul’s Answer

    You should review the Property Owners Association bylaws and regulations. These should set forth the proper procedures for making changes to the bylaws and regulations and fees assessed. If the POA followed the proper procedures there is likely very little that you can do beyond moving away. If the POA did not follow the proper procedures, you will likely need to engage an attorney to address that. Remember that the POA can fight you and assess the property owners (including you) to fund the attorneys' fees and costs of defending the POA against you. POAs and HOAs (Home Owners Associations) are notorious for being unreasonable and litigious (There are many "horror" stories on the internet about owners battling HOAs and such.). You could end up spending a lot of money battling the POA. You always have a say-so, but unless you control or influence a majority of the owners, you will not prevail in making or changing policies the way you prefer. You should rethink whether or not you want to remain in a community with a POA or HOA. Good luck!

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  • Can I sue the builder of my home if the value has fallen to less than half the value due to poor workmanship?

    6 years ago we built the house we live in. Due to an unfortunate circumstance we fell very behind on our mortgage payments. The house is now facing foreclosure. We bought the house for 260,000 and it's now worth 100,000. The roof is leaking, ...

    Paul’s Answer

    You should consult an attorney.
    Take ALL of your closing documents and any photos and a list of problems and show these to the attorney.
    Do not wait any longer. You may be outside the time frame for a lawsuit or the construction contract may limit your recovery, but you will not know for sure until you consult an attorney.
    With these kinds of problems, you should not hesitate to consult an attorney immediately upon discovery of the problems.
    Good luck!

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  • We built a fence 6 years ago. A new neighbor had her land surveyed and claims our fence is in her yard and demands we move it.

    The surveyor found metal stakes 2 & a half feet inside our fence. 6 years ago, the builder had placed corner property stakes well past our fence line when we bought it so we thought we were fine. Our neighbor gave us a letter stating we had to mov...

    Paul’s Answer

    There are a couple of issues involved in this.
    The first issue is whether or not your neighbor's surveyor and survey are correct. The only way to challenge or confirm the survey is to get a survey of your own (It takes an expert to challenge.). If you do not want to incur this expense, then you will probably need to concede that your neighbor's surveyor and survey are correct.
    The second issue is whether or not you must move your fence. Whatever she told you is probably not important in this context. What is important is that, if her survey is correct or you choose not to challenge it, you will need to move the fence. You are trespassing on her property. You have not had a fence on her property long enough to adversely possess her land -- and, from the facts as you have related them, you did not intend to adversely possess her land.
    If your fence was built in reliance on the work of another surveyor or other professional, you may be able to recover the costs of doing so from that person. You will probably need a lawyer to recover, however.
    Good luck to you!

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  • Does a Psychic (Fortune Teller) require a specific license in Florida?

    If a license is required does it vary by county? Can the work be done in a home business setting?

    Paul’s Answer

    These are good questions and you might want to consult an attorney in Casadega, Florida about some of these. While a Dade County attorney can help with local county laws, Casadega is well known for the community of spiritualists there. Spiritualism is arguably religious practice and you may be able to avail yourself of some tax and business advantages of religious entities.

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