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Recent real estate law questions

I am trying to identify if the covenant in my neighborhood

I am trying to identify if the covenant in my neighborhood is enforceable if there is no HOA and no one is paying feesJA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: AlabamaJA: Have you talked to a lawyer yet?Customer: no- the issue just arose tonight.JA: Anything else you think the lawyer should know?Customer: The items of the covenant have not been maintained by several of the property owners within the neighborhood.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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Roger

Litigation Attorney

Doctoral Degree

 
32,830 satisfied customers
Can the home owners association collect fees from each

Can the home owners association collect fees from each household if the 30 year statutory authority has run out? They are trying to revitalize and get homeowners to sign off on documents from 1982 that need to be updated. We live on a private maintained road by homeowners and the association does not have any thing to do with it. How can I address this as a homeowner who does not agree with the outdated covenants. If the road needs to be repaired it states they will send an invoice and we have to pay within 30 days or they can put a lein on that property and charge 12% interest. Homeowners need more time to come up with a road assessment and the interest rate is to high for current rates.

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37,564 satisfied customers
I live in a neighborhood where all homes sit on lots 4 to 8

Hi - I live in a neighborhood where all homes sit on lots 4 to 8 acres in size. We have 4 acres and built our house 10 years ago. The lot next to us was recently sold and although they have 8 acres, they are putting their house 70 feet from our house. They say that a stream and the septic leach field prevent them from building anywhere else on their 8 acre lot. To my husband and I, this should be the problem of the new owners only, yet it is having a big impact on our privacy and potentially the resale value of our home since this new home placement is not consistent with the rest of the neighborhood. We have offered to buy the lot so the owners can look elsewhere for a more suitable building location, yet they are persisting in trying to force their 5,000 square foot into a space that is entirely too close to us. What can we do to stop them?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Pittsboro, North Carolina 27312JA: Have you consulted a lawyer yet?Customer: no not yet, would like to know what case we would have against themJA: Is there anything else the Real Estate Lawyer should be aware of?Customer: They actually violated the HOA covenants by beginning to build without submitting their plans to the HOA first, we called them out on that and now they are going through the HOA.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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Roger

Litigation Attorney

Doctoral Degree

 
32,830 satisfied customers
Do neighborhood covenants expire if not renewed. What is the

Do neighborhood covenants expire if not renewed. What is the time period?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,784 satisfied customers
I live in a POA (not HOA) consisting of 24 homes on a private

I live in a POA (not HOA) consisting of 24 homes on a private gated street with properties of 2.5 to 10 acres. Not all homeowners are members of the POA. The only restrictions listed in the CC&Rs pertain to abandoned cars and trailers. Many people run businesses out of their homes and host meetings, fundraisers and parties (we have a business, but do not have such gatherings). For the past year, we have rented our lower bedrooms out via AirBnb to polite and respectful guests. Some of the neighbors have decided that they don't like this and want to put to a vote to selectively stop us, even though there is another long-term rental in the neighborhood. We have lived here for 16 years. How can we defend ourselves?JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: NoJA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Is there anything else the Real Estate Lawyer should be aware of?Customer: The restrictive covenants section of our bylaws states, "The members of this corporation may adopt restrictive covenants for the management of property under the control of this association." This suggests to me that they govern only the common areas which consist of our road, easements, and our private beach area.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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Irwin Law

Juris Doctor JD

 
8,074 satisfied customers
Here it goes: I live in Texas and my house got auction off

Here it goes: I live in Texas and my house got auction off for taxes on April 5, 2016. I was trying to get a loan but a little to late. I call and they tax office will not give the name of the buyer, saying that I have to wait till he contacts me (really I can't even slept). I have read that I can redeem the property? I now have the monies to pay this man his fees and the amount of taxes paid.. what can I do?

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J. Warren

Attorney

Doctoral Degree

 
3,870 satisfied customers
I am trying establish ownership of minerals underlying 6 lots

I am trying establish ownership of minerals underlying 6 lots in Oklahoma County, Oklahoma inherited by my wife. When we contacted the oil company producing the wells that included these minerals, they told my wife that after reviewing the deed, she did not have ownership of the minerals. Knowing that my father-in-law (now deceased) never sold minerals, I decided to investigate further. I obtained a copy of the lease and after a description of the property, the deed read:"LESS and EXCEPT all of the oil, gas, and other minerals in and under said property which have been heretofore reserved or conveyed. SUBJECT to rights-of-way, easements and restrictive covenants of record."This is all very confusing since land deeds on agricultural land containingthe wording "Less and except oil, gas, and other minerals" has always reserved the minerals to the person selling said property.My questions are these:(1) Does my wife have ownership of the minerals?(2) If not, do leases signed by my father-in-law prior to the sale of the property grant my wife the revenue produced by these wells until they are re-leased?The wells on this property are very, very old and produced a very small amount. I just need to get the situation resolved.

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Christopher B, Esq.

Attorney

Juris Doctor

 
4,782 satisfied customers
Own my property [home] free and clear. Have copy of deed in

own my property [home] free and clear. Have copy of deed in hand. Home owner's Association threatens to file lien against my paid off mortgage deed. Can they file against a property I own free and clear?

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Loren

Juris Doctor

 
34,652 satisfied customers
Looking to attend a tax sale property auction. I was told that

Looking to attend a tax sale property auction. I was told that the tax lien supersedes the other lien in which case by buying from the county I will have a clear deed. Is this true? if not what should I do before I attend?

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Ray

Lawyer

Doctoral Degree

 
33,920 satisfied customers
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