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Recent real estate law questions

In the state of. Currently under contract and buyers

In the state of Washington. Currently under contract and buyers requested sewer scope. Couple of surprises: 1) the PVC pipe has been compromised 2) the compromise appears 93 ft away from my house and about 55 feet into my neighbors property. It appears there is no easement. Initial approach was not favorable and I have backed off until I have more information, i.e. what exactly would be involved with repair and what would the impact be. My question is, do I have any recourse if he refuses to allow me access for repairs? Buyers have indicated they will walk if repairs are not completed.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,720 satisfied customers
If a non-cooperative neighbor has an easement on my

If a non-cooperative neighbor has an easement on my property, in this case stairs that reach the curb, can I modify the stairs, as long as the curb can be reached as conveniently?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,720 satisfied customers
Conditional Non Compliance Approval process - neighbor

Conditional Non Compliance Approval process - neighbor uncooperative (lack of funds.) City of Los Gatos (Northern California) Violation of State Subdivision Map Act. (Orginally 2 lots, illegally split to 3 lots sometime before 1984) We are trying to purchase on of the divided lots. Trying to figure out best/worst case. Will call City of Los Gatos on Monday. The 'illegally' divided properties today each have a valid tax Tarcel i.d. # (separate tax parcel i.d., map measurements) and they each have a house built on them from around 1949.) The notice of violation was recorded May 1, 1984. Divided properties have been each sold at least once (and financed by a bank.) The one we are trying to purchase sold once (then became a bank foreclosure that a REIT bought) - now the REIT is selling and cannot offer us a clear title (REIT selling property-unable to get the neighbor (the neighbor was also the one that was foreclosed upon with this property because he paid too much for it) to cooperate with necessary division paperwork for the Conditional Non Compliance Approval process, neighbor will not be able to sell their house, cooperating is probably a money issue and resolving this will require having to maybe follow the original Subdivision Map Act Rules/Process, providing maps, surveys, engineering reports, etc. and adhering to City setback, and all the rules of a Conditional Non Compliance Approval process.From 1984 Notice "Provisions of government code section 66499.36 real property in Town of Los Gatos has been divided from a larger parcel in violation of the state subdivision map act of Los Gatos zoning ordinance. This notice of violation does not prohibit the sale transfer exchange of the former single parcel, described as one parcel."Should we buy this property and hang on to it for many years with the expectation that the neighbor will have to come around and resolve this some day - as they can't sell their property without resolving this? Or, what can we ask the REIT that is selling this to offer as a guarantee? It is at a very low price as is. Thank you!

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

 
14,526 satisfied customers
What are the laws concerning trees growing on property

What are the laws concerning trees growing on property lines? I live in town and my back yard is fenced with a privacy fence. The neighbors behind me are renting their house. In their backyard are three trees that are growing right next to my fence. One of the trees has gotten big enough that it is pushing against my fence as it grows causing my fence to lean inward. Do I need to talk to the people living at the house or the landlord? Also, if they choose not to do anything about it, what are my options?

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Loren

Juris Doctor

 
34,606 satisfied customers
If my fence in on my neighbors property, how until I can

If my fence in on my neighbors property, how long until I can claim that land as mine? Furthermore, what do I need to do to legally acquire this land to be reflected on my land survey? Lastly, I placed a PVC fence exactly where the wooden fence was when I purchased the home. Does the length of time that the wood fence was on their property go towards how long I need to wait to claim it as mine?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,720 satisfied customers
I own 6 acres of land in the woods (this is in a HOA) the

Good Evening,I own 6 acres of land in the woods (this is in a HOA) the land is in front on a little lake. The easement is in my property and is for a right of way to the other neighbors to access the lake. The deed says I am the owner. The Association says they own it and want to clear the easement of trees etc and want to built a dock. I pay taxes on the land where the easement is and the survey shows that the easement is within the boundaries of my property. Can the Association do what they want and are they co-owners of the easement? This is in Michigan in Gladwin County

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William B. Esq.

Attorney

Doctoral Degree

 
18,354 satisfied customers
We just had the foundation on our property repaired in

we just had the foundation on our property repaired in december of 2015. We were told to contact the iwners of the properties on both sides of our house to repair their drain pipes because all the water from both of their properties was also running to our property because of the direction that their drain pipes are facing. We wrote letters to both owners reauestinf that they make the necessary changes. One owner respondes right away however the other one was rude and arrogant and has done nothing yet so all the snow and rain water so far this year has ran to our property. We just had our 6 month chk on the house and was informed that our foundation had sunk more on the very side that is being dicussed. We need advice on what options we have and how we can include her neglect in the issue we are facing. At this moment she is patching the house together for auick sale. Any and all suggestions would be appreciated. Thank you

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KimberlyLaw

Principal Attorney

Master's Degree

 
3,648 satisfied customers
I purchased a temporary above ground pool. I want to set it

I purchased a temporary above ground pool. I want to set it up in my back yard. An HOA fellow said I had to get approval first. I've read the CCR's which state I have to have approval for any changes to landscaping relegated to the front yard are any permanent structures. I would like to know why I would have to seek permission for something that is not specifically restricted?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: UtahJA: Have you talked to a lawyer yet?Customer: Not yet I could see no reason to do so. Maybe I'm just obtuse.JA: Anything else you think the lawyer should know?Customer: No permit is required. It was purchased from Costco. It will be inside a confined area with 5' foot high block wall and gated. The purpose is for two overweight 68 yr old husband and wife to excercise. The pool demension is 18'x11'x48". Again it can be taken down for storage in the winter and we had one last us 3yrs when we lived in California so it's not permant.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.

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Attorney

Juris Doctorage

 
242 satisfied customers
My septic tank leach field is on my neighbors property, the

My septic tank leach field is on my neighbors property, the same person who sold me my house. There is no room to relocate on my property. His remainingg lot is too small to build a house as it would be on my leach field. Who has rights in this case?

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KimberlyLaw

Principal Attorney

Master's Degree

 
3,648 satisfied customers
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