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Rand L. Koler

Rand Koler’s Answers

248 total


  • When a person owns property along with several others, is it possible to have your share in the property bought out?

    I own inherited property along with 5 other individuals. They do not wish to consider selling it at this time, but I would. Is it possible to have my share bought out in a situation such as this, and , if so, how would this be done?

    Rand’s Answer

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    Yes, you own a fractional interest in title, which can be conveyed away, just like you convey a 100% interest to title when you sell your home unless of course there is an agreement to the contrary. You can sell your 16.7% to anyone or as many others as you wish. At some point the owners should sign a tenancy in common agreement that outlines the parties' rights and the procedures to exercise their rights. Usually -- if the others are disinclined to buy you out -- your leverage is that you can bring a partition action and force the sale of the property.

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  • Easement right

    Bought the house 6 years ago with in/egress easement driveway. New neighbor now says they own the driveway and wants to put a fence. First owner (neighbor)statutory deed granted the first owner of our home for the easement. In my title it says abo...

    Rand’s Answer

    A valid easement cannot be terminated by the owner of the land over which it runs unless the easement so provides. A valid easement attaches to title and exists until it is terminated no matter how many times the two parcels of land are sold or mortgaged. You have a number of theories by which to claim the easement is valid, including the language of the easement itself. From the facts that you have provided the neighbor is not entitled to block the driveway but a quick review by a lawyer would be appropriate. It would be prudent to notify your title insurance company; it is possible that this claim is covered so that the title company pays the lawyer but don't count on it.

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  • My question is can I fill out a quit claim deed form to relinquish my half to my sister?

    My sister and I we're willed my mother's home which has a subsidy owed on it. I would like to give up my half of home inheritance to my sister. The property is in my mother's name. I spoke with the Washington state rural housing development, who t...

    Rand’s Answer

    In order for the chain of title to be unbroken usually a probate of the will is opened and the personal representative conveys the title to the heir. There are tax implications that you should consult perhaps an accountant about. You could quit claim your one half interest to your sister or perhaps work with the personal representative to waive your inheritance right. If you record a quit claim deed now and it has an "after acquired title" provision title will shift to her if it is conveyed to you. I say these things without knowledge of the subsidy rules.

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  • How can I go about this please

    I am on the deed to the house and so is my ex husband. The mortgage is in his name. I want to sell the house. The house was awarded to me in the divorce, he never removed himself from the deed.

    Rand’s Answer

    I recommend that you require your es to quit claim his interest to you before you list the property. This can be compelled by the Court if it comes to that. Most title companies will require that a deed from him be recorded before you close, so you risk delays and difficulty closing unless you take care of that first.

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  • What legal right does my husband have to the property with it being willed to him, and his sister being added to the deed?

    My mother/father-in-law own a property worth $1 million plus. My sister/brother- in-law cosigned for a refinance of the property for the parents in 2012. As a result, they were added to the deed of the property. My mother in law died 1/2/2016....

    Rand’s Answer

    Some thoughts about your situation. If your sister-in-law helped refinanced the property, she may not be on the deed. If she is on the deed, then her ownership would not be affected by your mother-in-law's death. It sounds very much like the property needs to be probated. It is the job of the personal representative to administer the will. You can't very well analyze this without seeing what the title looks like. If the decedent is married, if the property is otherwise community property, then she cannot divest the surviving spouse of his interest.

    It strikes me that this is probably a simple situation made confusing looking by you not having all the information you need.

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  • Need a commercial real estate attorney to review an assignment agreement.

    I want to invest a commercial apartments so need hire a commercial real estate attorney to review or possible modify an assignment agreement to protect buyer's interest. if you have interest in this business please send email to me including your ...

    Rand’s Answer

    Are you talking about an assignment of a purchase agreement? Customarily those are not assignable by the buyer to a third aprty. If this is a three way agreement, then you may be better off starting anew. Your use of a lawyer might be better put to beginning with a review of whatever it is that is being assigned. That is the usual first step before addressing the assignment.

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  • What signatures are required on a oil mineral agreement, can they just take the oil with only my signature on W2 form.

    I own mineral rights in North Dakota and I asked Continental Resources to show me paper work on lease, Etc... The only copy they have my signature on is my W2 form, this sounds very fishy to me. Shoudn't my signature be on some other paper work

    Rand’s Answer

    A W-2 indicates that one of you employed the other. If there is no other documentation and you do own the rights then from what you say they have no rights in the mineral rights. But it sounds like you know too little about the status of things to make any judgments

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  • Can he terminate this agreement or is it a legal document in the state of Washington

    My son owns a house. He signed a paper written up by someone that says he is selling the house for an amount and getting monthly payments. The paper was not noterized and he never received a copy.

    Rand’s Answer

    Your son needs to go to a lawyer to at least identify who has the paper and what he remembers of it.

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  • What can I do? Can I sue him without written agreement?

    Good afternoon Henry, In August 2014, I lent $7000 to my friend who is living in North Carolina. We don't have any written agreement, but I have evidence I deposited my check in his checking account. He was agreed orally to pay me back within a ...

    Rand’s Answer

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    Yes you can sue the person. When money is transferred to someone, it is presumptively a loan. If you resided in Washington at the time of this transaction you can probably sue here, and in lawsuits for less than $10,000 you are entitled to a judgment for your reasonable attorneys fees, so you appear to be in a position of great strength. You also need to factor in whether you can collect the judgment against your friend. You may have to register the judgment in North Carolina and go after his assets there.

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  • What is the quiet title procedure.

    My cousin gifted a home to my father with a written agreement that he pay the taxes directly to her. She filed a quiet title case and my father has.10 days to move out. She filed this because my father filed a protection order against her spouse ...

    Rand’s Answer

    You statement is a little short on the facts as is often the case when a person tried to find out what another person should do. Your father need to get all the papers together and contact a lawyuer immediately.

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