Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I am the sole owner of deeded fee simple lot with a dwelling

Customer Question
I am the sole owner...
I am the sole owner of deeded fee simple lot with a dwelling on it in a HOA community. The covenant's are written in such a way(1977), that a common area exsists within the boundaries of my lot, and I only own 10 ft from the dwelling even though the plat plot and tax records show I own the lot. The covenants also claim that the Association can appoint certain lot owners easement to modify the common. area. The HOA also owns fee simple deeded lot...The HOA gone ahead a built an unsightly seepage pit and rock trench without my permission or co -ordination. The rock trench was supposed to abate drainage, but the convenants specifically state, drainage easements expired. Prior to the rock trench/seepage pit was built, the HOA had an open pipe with collected drain water flow onto my property. The results was a flooded basement, and I put up sandbags to stop the water intrusion. Subsequently, the HOA removed the sandbags and created an unsightly seepage pit and rock drain on the area they deemed common within my property line and without my permission.. To add insult to injury, they built a 6 ft seepage pit 2 ft from my deck in a known sinkhole zone, severed my internet connects and the wick drain does not water pooling My attorney is only suing for a tort costs to restore the land, and expects me to get quotes to fix it. The HOA did it, they are responsible to fix it. I do not wish to be involved in the restoration process, since if the restoration project does not work, my adjoining neighbors can sue me.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Pennsylvania - Also the way the covenents are written, they have declared 2/3 of my land common area, and as owner of the lot, I am liable if anyone gets huirt as a result of the HOA negligence.
JA: Have you talked to a lawyer yet?
Customer: yes - after much costs we finally got the HOA lawyers to answer interrogatives. He found their defense was that they did not my permission on common land. But HOA continues to create a dangerous living environment. When they completed the project, the left severed wires expose, laid compaction tools on my deck, I am wondering what damages I can claim,
JA: What advice did they give you? Anything else you think the lawyer should know?
Customer: He wants My plan is to file a Motion for Summary Judgment as to liability for intentional or negligent trespass, based upon the admissions in these discovery responses, and then ask for a hearing on your financial damages. I want to void the HOA's claim on my land, by asking for continuous trespass and ejective injunction based upon the dangerous conditions they have put me in. Like gray water flow from adjacent building, digging a pit in a sinkhole zone, leaving exposed wires, damage to my personal property.
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
My Attorney also things the terms of this common area restriction is illegal, but can find no other case where the common area is included within a fee simple deed
Customer reply replied 1 year ago
I mean a common area claim via restriction identified within a fee simple own by an individual lot owner
Customer reply replied 1 year ago
Note that I have desire to leave the HOA, just stop them from creating further damage on property I own thus devaluing it
Customer reply replied 1 year ago
I meant no desire to leave the HOA, I legally can't do it. I just want to stop them from creating further harm to my property and myself.
Answered in 47 minutes by:
8/26/2016
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2,996
Experience: Helping you with your legal questions.
Verified

Hello. My name is***** am an attorney. I am here to help you with your question. I will review it. And then we can discuss it. Okay?

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
ok
Customer reply replied 1 year ago
do you want to talk on the phone?
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

It seems like you are on the right track and you have an attorney on top of it. It is a bit convoluted. Can you stream line your question so I can see if I can help you.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

We can talk on the phone if you would like to do so. I have a moment.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

I tried to accept your call but the system said payment failure. Possibly, the credit card did not take. I don't know.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
I'll try again
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

okay

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
I edited the payment info and my e-mail said you answered the question. What do I have to do with the payment stuff to talk
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

Let me try it from this end.....

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

Unfortunately, I have to step away. I will open up your question to other experts who may be able to help you.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
ok - I'll try later
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

Okay. I sent you a live phone call request.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Damien Bosco, Attorney replied 1 year ago

If you still want to attempt to chat, let me know. Best regards.

Ask Your Own Real Estate Law Question
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,436
5,436 Satisfied Customers
Experience: 17 years of legal experience including real estate law.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My real estate agent and i completed a real estate
my real estate agent and i completed a real estate transaction back in November of 2007. there has been a problem with the transaction and i would like to take her to small claims court. however, i wa… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I bought rural property that had a driveway on the plat, but
I bought rural property that had a driveway on the plat, but it is on a 20 percent grade and unusable. Can I persuade the sellers/real estate agent/title company to help fix the problem? … read more
Damien Bosco
Damien Bosco
Attorney
2,996 satisfied customers
I own a non-exclusive Ingress egress easement. My neighbor
I own a non-exclusive Ingress egress easement. My neighbor constantly Parks his trailer on the easement. He also Parks cars on the easement. I'm wondering if this is legal? I don't want to be responsi… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I have a real estate question. NC. About an easement
I have a real estate question JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: NC JA: Has any paperwork been filed? Customer: No JA: Anything el… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
HOA association failed to maintain the roof in our
HOA association failed to maintain the roof in our California condo building properly resulting leaks. It took them 3 attemots over 2 weeks to stop the leakage. The HOA repaired and paid for the signi… read more
Damien Bosco
Damien Bosco
Attorney
2,996 satisfied customers
We have damage in a bedroom caused from an outside drainage
We have damage in a bedroom caused from an outside drainage issue. Our insurname company covers damages from the walls in but not so if caused feom an outside drainage issue. Our HOA Board says we are… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I'm not sure this is in the realm of real estate law or
I'm not sure this is in the realm of real estate law or property rights. In any event my neighbor has landscaping and one large pine tree that is continually shedding into my pool and surrounding pati… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
A neighbor filed a complaint against be about easement
a neighbor filed a complaint against be about easement access with the homeowners assoc. in the complaint she proposes a bylaw against intimidation etc. she is implying that i threatened her. is that … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Our HOA plat has a note that says "this property is subject
Our HOA plat has a note that says "this property is subject to an unrecorded 10' wide water line easement to Lone Oak Utility District date August 4, 2003"...we are trying to allow Lone Oak to install… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
MY septic filed is on an easement for my neighbor. Surface
MY septic filed is on an easement for my neighbor. Surface water runoff (from his propeerty) is eroding the cover dirt ..am I responsible for this ? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,806 satisfied customers
There is a 20 ft. drainage easement between my property and
Good evening. There is a 20 ft. drainage easement between my property and the neighbor behind me. He has built a wire fence on the easement denying me access to my main water valve. Is this legal? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Can a neighbor and I sue for prescriptive easement in small
Can a neighbor and I sue for prescriptive easement in small claims court? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,878 satisfied customers
It isn't real estate law actually, it is an HOA question.
It isn't real estate law actually, it is an HOA question. Can you help with that? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
How is an neighbors easement shown on a plat or plan for a
How is an neighbors easement shown on a plat or plan for a zero lot line house? Does an easement have to be included in the covenants and restrictions to exist?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Does a building restriction line on a plat or the HOA
Does a building restriction line on a plat or the HOA building restriction line take precedence … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Real estate law: Statute limitation on easement in
Real estate law: Statute limitation on easement in California: Previous owner granted Easement to next door neighbor In 1985. I bought this lot in 1999. Is there statute limitation which and the easem… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Seeking a real estate attorney in RE: Property Easements. My
Seeking a real estate attorney in Washington RE: Property Easements. My neighbors are asking me to sign a legal document, well utility company is technically, for a easement and right of way before th… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,207 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x