Our neighbor has built a fence on our property. We later built a parallel fence next to that fence. The neighbor complained about our fence since if violated the Homeowner's association of no parallel fence. We hired a surveyor to establish that t...
While you should consult an experienced real estate lawyer in your area about the encroachment, you should not worry about your neighbor taking your property by adverse possession. From the facts you posted, your neighbor would not meet the statutory requirements for adverse possession. Your lawyer can review your survey and advise you on the best way to proceed.See question
I get conflicting reports that properties sold on court auctions are free and clear but then I hear the HOA or property liens are not cleared. Confusing.
Sometimes they are and sometimes they are not. Foreclosure auctions are effective to eliminate the owner and all junior lien holders who are joined in the foreclosure lawsuit; they will not eliminate the interest of superior lien holders or parties that are not joined in the suit. Tax sale auctions are considered new title but they are only effective if all interested parties receive actual notice of the sale; because of this quiet title actions are generally required after tax sales to make sure the title is good. There are many pitfalls in buying property at public courthouse auctions. Until you are experienced, you should not buy property in this manner without the assistance of an experienced real estate lawyer.See question
I am buying my mother a house for approximately $90,000 but want to retain ownership for when she passes or can no longer live in the house for any reason. As an investment property, it would not normally not qualify for the Homestead exemptions...
The easiest way to accomplish your purpose would be to give your mother a life estate in the property and give the remainder to yourself. There are some potential problems with this approach, and rather than relying on generic advice from an online forum, you should consult an experienced real estate lawyer in your area to discuss your options and their implications.See question
I certified mailed a quit claim deed, as I and my brother are heirs and the only parties of interest. I heard thru my mother, that the step mom and her daughter are filing harrassment charges against me. Is this possible?
If your father and stepmother owned the house together as husband and wife, the house belongs to her after your father's death. She has no obligation to deed it to you and your brothers, and the two of you have no interest in the property. Rather than trying to bully her into giving up property which she owns, you should pursue any claims you may have against your father's estate through a lawyer.See question
There is a pond involved which we pay maintenance on and the neighbor behind us has no financial responsibility to maintain it because their property is approximately 100 feet away, but they enjoy the view. which the other homeowners and us own an...
One of the rights owners of waterfront property enjoy is a right to the view of the water. However, the right to a view does not extend to non-waterfront owners, unless there are other covenants or easements in place which grant that right. Your HOA has apparently asserted that such rights exist. Before you respond to the HOA, you should consult an experienced real estate lawyer in your area. Your lawyer can review the relevant documents and advise you of your rights with respect to your rude neighbors.See question
My brother and I inherited vacant land and half was quit claimed to me by my brother and I quit claimed his half to him. So, now each of us have 10 acres. I am now selling my 10 acres. Do I have to get a lawyer to make my documents a warranty d...
Selling land is more complicated than just filling out a deed form. The new buyer will want you to prove that you have good title. In addition, the buyer will want the opportunity to inspect the property before purchasing it. The rights of a buyer and seller need to be set out in a contract of sale. This is not a do-it-yourself project. You should get an experienced real estate lawyer to represent you.See question
We are in a brand new subdivision. The AC equipment and pool equipment on the lot next to ours was installed within inches of the lot line, (1.) violating Sarasota County setback requirements (2.) encroaching on the drainage and utility easement...
If you are covered by the same restrictions as the neighbor, you can enforce those restrictions regardless of what the HOA does or doesn't do. You should consult an experienced real estate lawyer in your area about your options.See question
A company in Florida contracted me to install sections to a pool slide at a business where they do work-this was in May and I still haven't been paid. I've been told I only had 90 days after providing services to file a lien-is this correct?
You are probably barred from seeking anything under the Florida Construction Lien Law, but you still have the right to sue under your contract for breach of contract. Rather the generic advice you get from an online forum, you should consult an experienced construction litigator in your area.See question
I have a vacant pierce of property in okeechobee Fl. I was considering owner financing as I own it free and clear. Can a contract be drawn up that if buyer is 15 days late on payment , seller has the right to reassume ownership ? Regardless.
No. If you do any type of owner financing of a sale and there is a default by the buyer, you have to go through a foreclosure lawsuit to get the property back. If you are selling your property, rather than getting generic advice from an online site, you should hire an experienced real estate lawyer in your area to help you.See question
My mother died and I was left with her home. Living and occupying for over 40 years (family home ) I was told yesterday by land survey that the home is on someone else land who is trying to sell. What can I do to keep my home?
You have not posted enough information to give you a definitive answer to your question. However, rather that relying on incomplete, generic advice from an online site, you should immediately consult an experienced real estate lawyer in the county in which the property is located. Your lawyer can review all of the relevant documents and advise you on the best way to proceed.See question