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In a situation where real estate was inherited jointly by 4 siblings, 3 of them wish to sell and the 4th wishes to hold off ...
Michael's answer
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Answered on April 25, 2013
Yes, the three siblings who wish to sell can file an action to partition the property. A partition action seek a court order for the sale of the...
Archived
Am I responsible for my neighbors property along the ally?
Michael's answer
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Answered on April 25, 2013
If your - or that of your agents or invitees - use of the ally causes a recurring trespass and damage to the neighbor's property, he might have a...
Can a grantee of an easement raise issues regarding its exclusive use of the easement against the grantor?
Michael's answer
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Answered on April 25, 2013
It depends on the language of the first easement.
As a general proposition, an easement does not grant "exclusive use".
The issue would...
Selected as the best answer
Can I file a counter suit to a partition?
Michael's answer
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Answered on April 25, 2013
If there is an existing partition action, you likely cannot file a second action for the same thing.
Communicate with the court about your...
NJ home sold as short sale. utility service was cut off with outstanding bill prior to sale. new owner had service re-connected.
Michael's answer
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Answered on April 25, 2013
It depends on the utility.
Municipal utilities such as water and sewer are liens against the property - other utilities such as electric and gas...
Archived
Can a bank put a lien on a primary home in NJ when the rental property in NJ is in a short sale or being foreclosed on?
Michael's answer
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Answered on April 25, 2013
Without a cross collateralization agreement, which is rarely done in residential mortgages, the bank cannot assert a lien against other property...
Archived
Grandfather died many years ago without a will.. Which generation owns it now?
Michael's answer
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Answered on April 25, 2013
These types of cases - where one passes without a will and no one probates the estate - can cause major headaches down the line.
If your...
Archived
Property co-owner contracted work and told the contractor that I will pay a share, do I have to pay?
Michael's answer
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Answered on April 25, 2013
In short, no - you do not have to pay 1/3 of the bill unless you previously promised your co-owner to do so.
As tenants in common, you are...
Archived
Is the property now mine?
Michael's answer
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Answered on April 25, 2013
The property lis likely still owned by all four - but you have a claim for contribution for carrying costs including mortgage, taxes, insurance and...
Archived
Is it legal for an impartial partyu (real estate) to contact the defendent demanding things?
Michael's answer
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Answered on April 25, 2013
While attorneys may not contact someone who is represented by another attorney, there is no prohibition against third parties contacting you on...
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