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I just bought a house in Texas, after I closed on the

I just bought a house in Texas, after I closed on the property (13.44 acres) the original owner sold the 7.6 acres next door. He added an access easement thru my property. Is this legal?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Has any paperwork been filed?Customer: YesJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Ely

Counselor at Law

Juris Doctor

64,508 satisfied customers
We are facing an uphill with my builder Vanmetre team

We are facing an uphill with my builder Vanmetre team resolving discrepancies in the new construction. Our new home is under construction in Ashburn VA. Throughout the sale process, it was very inconsistent and it is much more now as it is getting built out with many changes. When we signed the agreement, we were shown base model from Arcadia builder, and the model home. After Vanmetre acquisition of Arcadia, there were changes to the new Whitman model. We understand that, and requested for a list of changes during the sales process and nothing was disclosed. We were never given or communicated on changes after many requests. This has resulted in setting "wrong expectations" and what is being built is different from what was shown. Due to this we are severely impacted dealing with builder/sales team and the over all experience.Our request right from outset was very clear and simple, we asked for list of changes so that we can make an informed decision on what options or choices to make.Few example below,1. When we added more windows during our sales process to the basement, we were told we don't have to, as a standard we will get windows. We took the guidance and removed windows and kept two egress windows. Recently we visited construction site and saw there were no windows at all in the basement(except for one egress), and they missed to put even the additional standard egress window. When requested, we were pushed back and given illogical reason. Finally, the new sales rep made those accommodations after hustle. During our last visit, we didn't see builder installing egress which was supposed to be.The point here is, we wanted to have more windows right from the beginning, and we were guided wrong and we are suffering as a result.2. The basement walkup stairs is a grave error with the width. When we saw Arcadia Whitman model and homes built next to our lot don't match up. There are no dimensions in our plan, and it was not communicated ever that it will be downsized from Arcadia Whitman model. If we were given an option or informed what we were getting from the list of changes we would made the decision to expand. The expectations were set wrong once again, "what was shown" and "what is being built" is unacceptable.The point is "what was shown" and "what is built" is different and we cannot accept what is built now.There are few more like this... I am very unhappy with the way builder is handling. Possibly, I need advice to back out of contract and receive our deposit or builder agrees to have things taken care without lot of hustle.I need advice.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,142 satisfied customers
I want to know if the following rule would help my children

I want to know if the following rule would help my children get the SOUTH CAROLINA house my ex's mistress, whom ex married after divorce, got after ex died because he listed her on deed as a JTWRS.I included "SECTION 15‑3‑380. Effect of forty‑year lapse" in following letter I wrote to my kids: "As you know, our family's assets were used for the down-payment on this property, to pay its mortgage and interest, to repair it, maintain it, insure it, improve it, pay for gas & electric, water, etc., etc. This property morally, rightfully and justifiably belongs to the three of you, not to terry and ross and lynn and brian [her 3 kids as incidental beneficiaries].SECTION 15‑3‑380. Effect of forty‑year lapse.No action shall be commenced in any case for the recovery of real property or for any interest therein against a person in possession under claim of title by virtue of a written instrument unless the person [s: Bryan, Allison Brendan] claiming, his [their] ancestor or grantor [their father], was actually in the possession of the same or a part thereof within forty years from the commencement of such action. And the possession of a defendant, sole or connected, pursuant to the provisions of this section shall be deemed valid against the world after the lapse of such a period.HISTORY: 1962 Code Section 10‑129; 1952 Code Section 10‑129; 1942 Code Section 385; 1932 Code Section 385; Civ. P. ‘22 Section 328; Civ. P. ‘12 Section 134; Civ. P. ‘02 Section 109; 1873 (15) 496.

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CalAttorney2

Attorney

Doctoral Degree

20,220 satisfied customers
A couple of years ago I purchased 32 acres of land for

A couple of years ago I purchased 32 acres of land for raising cattle. The land had a large pond of water on it. The previous landowner had retained 7 acres of the land for his use. After I purchased the land, the previous landowner enlarged the pond to extend under my fence line - which was then under construction. Recently, I had the pond filled in (on my side of the property) and another dug in a different location on my 32 acres. The previous landowner is threatening to sue me over water rights?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: Sorry, the State of TexasJA: Has anything been filed or reported?Customer: Not to my Knowledge.JA: Anything else you want the lawyer to know before I connect you?Customer: No, I don't think so.

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Ely

Counselor at Law

Juris Doctor

64,508 satisfied customers
We are having issues with our new home construction,

We are having issues with our new home constructionJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: tennesseeJA: Has any paperwork been filed?Customer: we have a purchase contract. We need to understand what we can do to resolve or pull out of contractJA: Anything else you want the lawyer to know before I connect you?Customer: Yes, there is a water leak issue that has been going on for approximately 1 and a half months. We keep getting blown off on the answer. Now they are installing hardwood floors and carpet and I don't want this to continue if the issue is not resolved. I just don't know how they can assure us it's been done. I have lost trust in them

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texlawyer

Lawyer

Doctoral Degree

7,460 satisfied customers
Can an HOA prohibit a member (home owner) from contracting a

Can an HOA prohibit a member (home owner) from contracting a swim or tennis instructor to teach them at the HOA common area facility?

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legalgems

Juris Doctorate

13,838 satisfied customers
My question is about real estate law in Connecticut. I

My question is about real estate law in Connecticut. I recently (September 2016) purchased a two family home as an investment. After the closing, I learned that one of the tenants has no heat in the upstairs bedrooms. There are no baseboard heaters on that floor at all except for the bathroom. This is a costly repair.This tenant rented the apartment in February from the previous owner but lived with the heat problem for the winter because they needed a place to live. The inspector I hired didn't catch the problem with the heat. The realtor who represented the seller was also the person who rented the apartment to the tenant back in February, so he clearly knew about the problem. I realize I can sue the inspector for this, but what about the seller's realtor? I think it was fraudulent for him to not mention this, especially knowing my intent was to rent the apartment. Clearly this has a huge negative effect on my ability to rent this apartment to a tenant.I appreciate your help.

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RealEstateAnswer

Juris Doctor

30,462 satisfied customers
The building my condo is in was shoddily constructed,

The building my condo is in was shoddily constructed, causing leaks from my balcony into the apt below. At first we assumed it was a faulty HVAC system, but later realized the balcony was a possibility. Especially because the HVAC unit was turned off while the lproblems continued. The board hired engineers to assess the warranty of the balcony (the found out they were not well build either). During the first probe the engineers removed two tiles in a prominent location, that is very exposed to the elements (my balcony has a large area covered by the balcony above). Leaks got worse and happened more frequently. My apt became moldy, the floors started popping up. The board was aware, especially in lieu of the fact that one of the board member lives in the apt that gets water damaged water coming from my apt. The tiles created by the tiles were never covered (when I ask someone came to cover the area with a plastic sheet, which did not stay in place). Month later (1:~Sept '15, 2: ~May '16) the board had the engineers come back a few more times. I spoke to a board member about the tiles and leaks before going away for the summer. About 4 - 6 more tiles were removed in different areas (some covered, some not) while I was on vacation. None of them were covered. My floor popped up so much that the HVAC in one room is hovering a few (5-6") above the wooden floor). Other areas of my floor look water damaged. Can the board be held responsible, since it did not take proper action, in lieu of the fact that each owner is usually responsible to paid for damage done inside their apt (condo)? Thank you!

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CalAttorney2

Attorney

Doctoral Degree

20,220 satisfied customers
Folks, I need a Community Association lawyer to respond to

Folks,I need a Community Association lawyer to respond to this query.While attending the September HOA meeting at the board President's home, I observed that he had recently taken over and redeveloped the Common Maintenance Area (CMA) behind his house. When I challenged him on this, he simply replied that it was his property and that the ARC chairman signed off on the changes. When I pointed out that this was not permitted, and a very serious violation of our CC&Rs, he and other attending board members seemed little concerned.This board consistently fails to document unfavorable comments in the meeting minutes and we are still awaiting release of minutes back to the May meeting. Also, board meetings are only held bi-monthly, so the next occurs in November. I view this CMA violation as egregious and cannot see how it can be exposed in a timely manner without distributing a flyer.I would like to send you a copy of the proposed flyer, along with a copy of our CC&Rs so you can verify the provisions I referenced therein. In general, I would like to know; 1) the legality of my proposed action, 2) the possible legal consequences, and 3) the appropriateness of the flyer content? I have kept the information factual and, I believe, provided reasonable commentary without personal invective.Please let me know if you can accommodate my request, and the approximate cost. Thanks very much for your help.Regards,Mark CusanoEmail:***@******.***

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,142 satisfied customers
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