Elizabeth G. Rich’s Answers

Elizabeth G. Rich

Plymouth Real Estate Attorney.

Contributor Level 7
  1. Is joint tenancy best solution for unwed couple (50's) In Wisc. who purchased house together with 2 minor, 2 adult kids?

    Answered over 2 years ago.

    1. Peter M. Navis
    2. Elizabeth G. Rich
    2 lawyer answers

    I agree with the advice you received previously. I write to provide a bit more detail. With joint tenancy, if one of you dies the survivor would own the property. One alternative is that you each own 50% of the property as tenants in common. This will be the presumption in Wisconsin unless the deed specifies a different allocation. A different allocation might be warranted if, for example, one party made more than 50% of the down payment. If the property is owned as tenants in common and one...

  2. My neighbor landscaped a 10' wide by 62 yard section of my property now he has moved out and I want to put a fence up.

    Answered over 5 years ago.

    1. William Robert Falcone
    2. Elizabeth G. Rich
    2 lawyer answers

    You need to retain a Colorado real estate attorney to help you. 1. Of paramount importance is placing something of record (i.e., a filing with the register of deeds in your county) that places prospective purchasers of this property on notice of the encroachments constructed onto your property. This must be done carefully, as an improperly drafted notice could constitute "slander of title" and cause problems for you. 2. If you do not have a valid plat of survey on your property, it is...

    2 people marked this answer as helpful

  3. With a conditional use permit is a zone change required to sell

    Answered over 5 years ago.

    1. Elizabeth G. Rich
    1 lawyer answer

    Typically not. If a business is operating under a conditional use permit, that usually means that the use the business is making of the property is not allowed under the zoning ordinance. In those cases, the business applies for a conditional use permit (CUP), which allows the nonconforming use to continue for the period specified in the CUP, provided the conditions listed in the permit are complied with. Sometimes (rarely, in my experience), the conditions might specify that a transfer of...

    1 person marked this answer as helpful

  4. Need a business lawyer

    Answered almost 6 years ago.

    1. Elizabeth G. Rich
    1 lawyer answer

    I am not licensed to practice law in Colorado, but I think I can point you in the right direction. First, your contract is with the property manager (presumably as agent for the property owner), not the restaurant. Read your contract carefully. Is the contract contingent upon the restaurant staying in business? Probably not, but take a look. Second, if you already purchased the tile you might be able to place a lien on the property. There are a lot of rules to follow in order to do this....

  5. Real estate to LLC:

    Answered almost 6 years ago.

    1. Millard Othello Anderson
    2. Jeffrey J. Porter
    3. Elizabeth G. Rich
    4 lawyer answers

    I am a Wisconsin attorney and not licensed to practice law in Texas. Your question raises several issues. First, you should review your mortgage. It almost certainly prohibits transfer of the property to anyone, including your LLC, without your lender's consent. Second, it is highly unlikely that your lender will consent to the transfer. Further, regarding your plan to acquire additional properties to be owned by the LLC, most lenders will not allow this. I do have a few clients who...

  6. Real estate to LLC:

    Answered almost 6 years ago.

    1. Millard Othello Anderson
    2. Jeffrey J. Porter
    3. Elizabeth G. Rich
    4 lawyer answers

    I am a Wisconsin attorney and not licensed to practice law in Texas. Your question raises several issues. First, you should review your mortgage. It almost certainly prohibits transfer of the property to anyone, including your LLC, without your lender's consent. Second, it is highly unlikely that your lender will consent to the transfer. Further, regarding your plan to acquire additional properties to be owned by the LLC, most lenders will not allow this. I do have a few clients who...