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Bruce Middleton Cameron

Bruce Cameron’s Answers

94 total


  • Can a judge grant prescriptive easment on driveway that has unbuilt road easment on it? minnesota

    Neighbor trying to get easment for second DW for convenience Has used about once weekly for 30 years when he has heavy articles. Thanks My attorney not sure on this.

    Bruce’s Answer

    You should have your attorney research the current state of the law on prescriptive easements (it has the same elements as adverse possession). If your neighbor's use meets the requirements, a judge might grant the easement or the judge might not. It depends.

    Your attorney should be able to explain the requirements of a prescriptive easement, go over the facts of the matter and explain your chances at prevailing in court. Your attorney may also be able to suggest alternatives (such as simply granting your neighbor an easement) that are less expensive than litigation.

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  • CAN A LANDLORD VIDEOTAPE MY HOUSE?

    I WAS GIVEN 24 HOURS NOTICE THAT MY LANDLORD WANTS TO VIDEOTAPE THE INTERIOR OF MY HOME FOR A MAINTENANCE INSPECTION. HERE IS THE LETTER: The owner has requested we complete an inspection of the property. This is standard procedure upon owners...

    Bruce’s Answer

    Basically, it comes down to what your leases says. Your best option would be to have an attorney review your lease with you and explain the various rights and obligations relating to it. Otherwise you would do well to contact the Minnesota Legal Services Coalition (MLSC) at www.lawhelpMN.org.

    Generally, a a landlord may enter a tenant’s unit for a reasonable business purpose after making an effort to give the tenant reasonable notice.

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  • Preparation needed for taking a landlord to court for security deposit

    In Minnesota are you required to send a letter "demanding" the withheld deposit before you can take them to small claims?

    Bruce’s Answer

    The Minnesota Court's website (www.mncourts.gov) provides information on conciliation court procedure and on this type of landlord/tenant issue. See the Court's on-line Self-Help center (www.mncourts.gov/selfhelp/).

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  • How definitive should a purchase agreement be?

    I'm looking to purchase a home and the purchase agreement (PA) does not yet have the correct legal description. The seller is subdividing the land and the county has not yet approved the submitted subdivision. Currently the PA has the entire und...

    Bruce’s Answer

    The best thing for you to do would be to hire an attorney who deals with residential real estate to review the purchase agreement with you and to represent your interests at the closing.

    A purchase agreement is a legal contact - you are agreeing to buy the property described at a certain price and the seller is agreeing to sell it to you for that price. Generally, a contact should be accurate as to what exactly is for sale and under what terms. The contact you describe would appear to raise a number of red flags (which is why you should have an attorney review it with you).

    You are about to make a major investment and you would be best off to "trust but verify" - protect yourself and your future investment by talking to an attorney.

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  • How do I physically achieve division of the house and vehicles, if my ex-husband does not co-operate with the Court order?

    Got the final divorce decree and judgment signed by the district court. Joint vehicles are to be divided: 1 to me, the other - to my ex. If he doesn't come to the license bureau to divide them, what do I do? Do I show them the decree/order and the...

    Bruce’s Answer

    You should talk with the attorney who handled your divorce about this. If you did not have an attorney for your divorce, you should contact an attorney about handling these post-decree matters as there are a few traps here that can snare the unaware.

    You should also carefully read the judgment and decree granting your divorce. That document should indicate whether or not it can be used in lieu of specific documents in the event one or the other of the parties will not or is unable to execute the correct documents (if the decree does not provide for this, you will need to talk with an attorney).

    I would advise you to be very careful when dealing with the house; you need more than a simple quit claim deed to properly transfer title. Doing this wrong now can be expensive to fix later. If you don't talk to an attorney about anything else, talk to an attorney about the documents you need to transfer real estate as part of a divorce settlement

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  • Our neighbor had a survey done and now wants 10 feet of our lake-shore lot. Pins have marked our boundries for more than 15 yrs

    We need to decide if we should settle and pay him $8000 to leave the historical boundries as they are or file a boundry by location action suit against him. He's already cutting down trees.

    Bruce’s Answer

    You need to talk with a local attorney sooner rather than later. This is not a question that can be easily answered in an internet forum. You may have more options than the two you are proposing and an local attorney can help you evaluate all of them and, since a boundary by location action is very fact specific, a local attorney can help you evaluate your chances of succeeding should you choose to go that route.

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  • The lot where my home is being rezoned from single family to duplex. I want to sell but am worried about losing property value.

    The lots adjacent to me on my south are going to be rezoned commercial, north are going to be duplex also, east is going to be general residential, and to the west they will also be duplexes. What recourse will I have if we lose value on my home? ...

    Bruce’s Answer

    You should talk with an attorney who is experienced in real estate and "regulatory takings or eminent domain" in particular. There are a lot of subtleties involved here.

    Typically, it is not considered a "taking" when a governmental agency exercises its powers to adopt, change, or enforce regulations - so, there is usually, little to no recourse available to the property owner who loses a some property value due to a change in zoning. However, a zoning change that substantially diminishes property value might be considered a compensable taking, but there are a myriad of subtle factors involved (things like: determining if this particular change is solely responsible, if this is a substantial loss, the degree of public benefit, etc) which is why you really need to talk to a real estate attorney.

    The bottom line is that it is the very rare case in which a rezoning results in governmental compensation.

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  • Buying Property form an NRI staying in USA

    I am buying a flat from an NRI. He is sending a POA to his relative in Hyderabad, India while the property is located in Bengaluru, India. My Questions are - 1) Is POA sent from USA would be Valid in India? 2) What are the additiona...

    Bruce’s Answer

    You should contact and hire a lawyer in India to manage this transaction on your behalf. Buying an real estate is a serous undertaking, buying real estate in another country is doubly so. Hiring a local lawyer is simply good insurance that the transaction will proceed properly and legally.

    There are a number of good articles/outlines on buying property in India available on the internet. A couple are:
    http://www.globalpropertyguide.com/Asia/India/Buying-Guide
    http://timesofindia.indiatimes.com/nri/other-news/NRIs-guide-to-buying-property-in-India/articleshow/9324306.cms

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  • Can appraisal and personal property be with held from other siblings in a probate?

    In a all out blood war in probate.Sister was named executrix in the will but was removed a special administrator was hired.A appraisal was done on the estate and personal property, sister doesn't want to provide this to other siblings. She says th...

    Bruce’s Answer

    You should be talking to a probate attorney about this since an accurate answer is going to depend on a number of facts beyond what is described here.

    That said, your father's Personal Representative (the person administering the estate) should have prepared or should be in the process of preparing an Inventory of all the real and personal property owned by the decedent as of the date of the decedent's death. This inventory is to inform interested parties of the description and market value of each probate asset; here is where you need to talk to an attorney because you'll (a) need to determine if you are an interested party and (b) if you are, how to properly request or otherwise obtain a copy.

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  • Can I be sued for selling house with sewer system 5 feet on neighbor's property?

    I sold my house in December 2007. Buyer filed a suit for 5,000.00 March 2014 to have sewer system moved onto her property. Suit also includes the realator and realty company. Buyer states that we knew the sewer system was on neighbor's property. B...

    Bruce’s Answer

    First, you'll need to talk with a real estate lawyer about this as the answer to what your liabilities may or may not be is going to be highly fact dependent and you should be prepared to learn that the answer is going to be "maybe".

    You should also talk to an attorney about any time limitations that may effect buyer's ability to bring suit, and I would also recommend that you read the entire sewer disclosure statement especially the section about who is or is not responsible for bringing the system into complacence.

    Finally, talk to an attorney about all of this and get some real legal advice - you need it.

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