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I own a lot in a subdivision and one of the boundaries

I own a lot in a subdivision and one of the boundaries between lots is a creek which is moving gradually. The Subdivision Plat calls the centerline of the creek with bearings and distances. Does the boundary of my lot move with the creek or is it fixed by the bearings & distances?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: OregonJA: Have you talked to a lawyer yet?Customer: No, a surveyor.JA: Anything else you think the lawyer should know?Customer: The surveyor is researching this but I would like your opinion.

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Attyadvisor

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We own 1 of 7 lots on a private street in Renton, WA. The

We own 1 of 7 lots on a private street in Renton, WA. The private street is located on two separate parcels not owned by any of the 7 lots. All 7 lots are included on an access easement agreement for one of the parcels, but only 2 of the 7 lots are on the access easement agreement for the 2nd parcel. Q1: should all 7 lots be included on the access easement agreement for the 2nd parcel? We do not need to access the 2nd parcel to access our lot. However there is road maintenance agreement that says all 7 lots will share costs equally for the private street and landscaping. Our position is that we are not responsible for the road/landscaping on the 2nd parcel unless we are granted access easement agreement. Is this a valid position?

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Barrister

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I live in Michigan, purchased property over 10 years ago and

I live in Michigan, purchased property over 10 years ago and would like to divide the property. Can I divide the property after 10 years even if, when it was sold, the seller indicated 0 land divisions?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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In Massachusetts two people own one lot as tenants in

In Massachusetts two people own one lot as tenants in common. They wish to divide this lot with a common property line. Can they do this with two quit claim deeds by selling to each one his interest in the lot. By having a survey made to locate the common property line of their choosing, or must this be done in court by a petition to partition ??

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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My client is selling real estate. The contract says that

My client is selling real estate. The contract says that seller pays for shortages. The buyer is getting the property re-platted to allow four rather than one home to be built on the property. The Buyer is "dedicating" 275 feet of the property he is buying to the city because of an ordinance that requires the street to be 50 feet across. Is that 275 feet a "shortage" for which the Seller must pay?

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Loren

Juris Doctor

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If a parcel of land is severed into two separate parcels by

If a parcel of land is severed into two separate parcels by a right-of-way acquisition can the parcels be sold off individually? My understanding is that an acquisition or dedication of right-of-way is by deed & exhibit plat and not considered a subdivision of land per a typical subdivision ordinance enacted in the 1950's. Therefore the two parcels have to be conveyed in whole and not separately. I also understand that the land owner is responsible for clearing up the situation by officially subdividing the land and creating the two parcels with a plat of record. Seems to me that if the municipality or State acquires right-of-way severing your property that would constitute a subdivision by default thus being allowed to sell off each parcel by deed separately.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: VirginiaJA: Have you talked to a lawyer yet?Customer: We've had communications with the City attorney who found some case law supporting no subdivision can be made by right-of-way acquisition. I'm a land surveyor trying to wrap my head around this issue.JA: Since laws vary from place to place, what state is this in?Customer: VirginiaJA: Anything else you think the lawyer should know?Customer: That's about it.

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LawTalk

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Juris Doctor

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I have a neighbor who built a tree house on our property.

I have a neighbor who built a tree house on our property. this was done 4 or 5 years ago and since it is hardly visible through the trees we did not realize it was encroaching until I looked at a plat map online and saw that it was just over the property line. When I e-mailed my neighbor, who is only here part time, she said she and her husband had thought it was probably on another neighbor's property, not mine. She apparently never notified the other neighbor when they built this thing. They have it connected to their house via a walkway, and there house, which was probably built in the 70's is not in compliance with current setback laws. i only care about the encroachment, which seems to have been done willfully. With Adverse possession laws in Colorado, I worry about them seizing the property.

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Legalease

Attorney At Law

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What rights would a home owner have to start a bed and

what rights would a home owner have to start a bed and breakfast in Colorado if they belonged to a Homeowners Associations?

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Attyadvisor

Doctoral Degree

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My BIL has owned 5 acres in Texas since 2001. As as he has

My BIL has owned 5 acres in Texas since 2001. As long as he has owned it, it has been taxed as 2 tracts of 3 acres ( his homestead),and 2 acres of non-essential property. Now he is trying to sell the 2 acre tract and has discovered that his 5 acres were never divided into two tracts and that in order to sell the 2 acre tract he will have to spend 7 to 10 thousand dollars! What gives?

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Ray

Lawyer

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