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    Tuesday, July 9, 2019

    Does an easement give my neighbor the right to leave his garbage cans on my driveway for days? Real Estate

    Does an easement give my neighbor the right to leave his garbage cans on my driveway for days? Real Estate


    Does an easement give my neighbor the right to leave his garbage cans on my driveway for days?

    Posted: 08 Jul 2019 05:19 PM PDT

    So I thought I would try posting this here since it may not be a legal question. I'm new with all of this, so please overlook any ignorance on wording. I also know rights will vary from state to state -- Hoping someone is familiar with Florida easement rights.

    We own the front portion of the property (12 years now) that has road access. Our neighbors (formerly family members who we purchased the land with, as well as built our homes at the same time - but has since sold) have an easement for ingress and egress to access their property directly behind us.

    The general warranty deed states, "an easement for ingress and egress is hereby reserved by Grantor and his heirs and assigns over and across the east 40 feet thereof." **(Which I'm not sure why it reads 40 feet?? Seems like alot when our drive way is approx only 15 feet wide! Do our neighbors have certain "rights" to the other 25 ft besides the driveway?)

    So, our neighbors are using our driveway for their trash pick up (which is absolutely fine) but then leaving their garbage can on our driveway (but it's also next to the road- which I'm assuming is technically county easement/right of way?) for days after (or several days before). We've even had to move their can in order to pull in or out of OUR driveway.

    I would like to properly address the situation but I would first like to know what my rights are as the property owner of the driveway and what their rights are as the easement owners. To be honest, when purchasing the land and building, we never discussed "easements" & with this being our first time buying/building, we had no idea how any of it worked. We just knew our family would be using our driveway to get to their property. Umm ok, no problem! Embarrassingly enough, I dont even know how county easements/right of ways work. I have been told that county easements can be used by anyone (I'm not really sure how true that is) which may be why my neighbor thinks/knows he can leave his cans sitting there at the end of my driveway for days.?. But ... it's still My driveway.

    Does anyone know how residential ingress/egress easements legally apply in a situation like this in the state of Florida? I have searched and, as I first mentioned, it seems that the laws tend to vary from state to state. But from what I've read, it often favors the property owner - that ingress and egress gives the easement owners a legal right to "only" cross over the servient property for access to and from their property - nothing more. Is that not correct?

    Is this a simple, "please dont leave your garbage on my drive," or something that we are going to have to seek legal advice about? Any information or advice would be greatly appreciated! Thanks!

    submitted by /u/Wanderlust9698
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    How do I go about buying a parking space from an owner in condo?

    Posted: 09 Jul 2019 01:17 AM PDT

    Un-permitted floor in condo is costing condo money. Do I have a case? Small Claims court advice needed.

    Posted: 08 Jul 2019 09:06 AM PDT

    Location: Boston, MA

    Situation: 3 unit condo (Unit B, 1, 2). I bought Unit 1 about 1.5 years ago. Was really busy the first year (doing home renovations, wedding etc.) and the second year, when I had a chance to look into condo finances, I realized that Unit 2 was playing the same condo fee as me, even though she has an entire extra floor 700 sq ft (with kitchen, living space, bathroom, laundry) that she rents out to her nephew.

    On looking into it further, here's what is happening:

    a. the extra floor is un-permitted, Unit 2 doesn't pay any tax for it

    b. Unit 2 is refusing to pay condo fee for the extra floor, and claims "it is exclusive use common area". The Master Deed doesn't state it is exclusive use. The Master Deed says it belongs to Unit 2. (But cleverly, something I didn't catch while signing it, the square footage does not include the un-permitted space even though the description says it belongs to Unit 2)
    c. Unit 2 neither pays tax for this extra 700 sq ft, nor pays condo fees for it
    d. The existence of the un-permitted space is costing the condo association extra money -- the person living there uses condo water, and also our Master Insurance is higher because of the existence of this extra floor (it has only one egress, and hence we are paying extra)
    I don't understand how she is can it is 'exclusive use'. She rents it out. There is electrical and heat and a whole kitchen. It's cordoned off with a door and I can't access it. If it is 'exclusive use', then it means the HOA owns it right? We can tell her to evict her nephew and use that space only as storage, right?
    I don't want to do all these nasty things. I just would like her to pay her fair share of condo fee, which she is refusing to do. What kind of case should I file in a small claims court? -- She is not paying condo fee for extra un-permitted 700 sq ft (But do I have a case? As far as the city is concerned, this 700 sq ft doesn't exist.)

    submitted by /u/rafaholic
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    Loan Advice: 20% down 30-Year Fixed (3.5%) vs. 11% down 10/1 ARM (3.0%)

    Posted: 08 Jul 2019 05:55 PM PDT

    We are closing on a new house, and I am looking for some advice from you all. We are closing right now in California on a house with a jumbo loan. I am seeing mixed reviews online when it comes to ARM loans. Seems like you're encouraged to go with the ARM if you think it's more short term and you are planning on hopping away prior to the 5, 7, or 10-year term ending, but if you're going to be in for the long haul, you may not want to expose yourself to the potential increases. At this point, I am leaning towards the ARM, because I could always re-fi at a in years 8 or 9 and not be subject to the adjustable rate. All things considered, which scenario would you go with?

    1 - 30 Year Fixed: 20% down/3.5% interest/ no PMI

    2 - 30 Year 10/1 Libor ARM: 20% down/3.0% interest first 10 years/ no PMI

    3 - 30 Year 10/1 Libor ARM: 11% down/3.0% interest first 10 years/ PMI = $138 per month

    4 - 30 Year Fixed: 11% down/3.5% interest/ PMI = $138 per month

    submitted by /u/Lawsonlover
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    Cross-border financing?

    Posted: 09 Jul 2019 12:04 AM PDT

    I live in California and would like to purchase a property in Cabo. But I'll need to take mortgage. Just don't have enough cash.

    What mortgage solutions are available to someone like myself? I have a good credit score (>750), and generally I would get approved for a similar-size purchase in the US.

    submitted by /u/projomni
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    Am I crazy going for a new construction?

    Posted: 08 Jul 2019 06:32 PM PDT

    Long story short I have low debt to income ratio. As in I am "cash rich" and have very little debt. I'm 36 years old and recently graduated college after attending a state university for 4 years to get a Engineering degree. I have stable income since I got a new job straight outta college.... and have well over 3 years of emergency funding set up.

    and yet....

    I looked at a bunch of used homes from early 1900s to 1960s/70s homes... none of them impressed me... I just really liked the feel of New construction homes in the area... I just submitted a signed contract proposal through my real estate agent...

    So question... how crazy is this decision? I'm super anxious as this is my first home.

    edit: For those wondering I am a Veteran and am using VA loan from local bank

    submitted by /u/Diotima245
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    Which house? 3 options, lets play house hunters!

    Posted: 08 Jul 2019 05:54 PM PDT

    I have spent a year deciding where to move. Our main reason for moving is to have better local healthcare for our son.

    We have a child in high school and we found the town that would be best for her, of course there are limited housing options. This is a high tax town, I am willing to accept that because of what it offers but even though I can afford a more expensive home, I am looking at ones with lower taxes since taxes are forever and I can pay off my home.

    The town is very strict, about exterior changes, it is a long process to get approval for additions or garages (you have to have neighbors sign it is okay, have professional plans, and it is a 6 month min, process).

    I am moving from a 6 bedroom 4 bath 3500 ft stucco box track home 3 car garage so I am going to have to downsize and compromise in order to be able to live near a city with major medical care.

    My wants in a home good internet, gas heat, 2 car garage , 3 bedrooms, 2 bathrooms, updated electrical , a room with a door like an office or just another room that is not all open, close to schools(despite the very high school tax busing is not provided to grades over 8 and it is cold and snowy)

    My husband has been a contractor in the past and owns a construction related business. I would never have him do electric or rough plumbing, but for sure he can hang new cabinets, install a new toilet .drywall frame, paint. We sold our home recently and he installed new windows, built a new entry door and installed, all new interior doors, hardware, new garage doors , cabinets, vanity , hot water heater, sump pump , toilets, roof tiles.

    After 2 months these are the choices. New listings are rare, only 1 in the last month.

    Home #1 $260k best location, walk to the school, shops, center of town. gas heat, 3 bedrooms (but the 3rd bedroom was a den and is very small and oddly placed) 1 car attached garage, 1.5 bathrooms, very classic timeless look home. This home may never be able to get a 2 car garage due to town laws or costs to make it fit with the historical home. I would need to rough in another bathroom in the basement, the way the heat is in the house I could get central air added for $3500. I would want to upgrade electrical $2500. In the future change the screen porch to more of a 3 season and finish the basement . The kitchen needs work, I could live with it for a bit but it would need an island and some more storage but I would not want to ruin the historic built ins so I would want time to see what would work best.

    Home #2 $260k Not the best location within the town (but there could be worse locations ) hard to walk to the school but doable unless freezing 1.2 miles. 1 car garage, oil heat old part, new part is electric , 2.5 baths, an office and den and porch. This home is the closest to what I am used to, the new addition has a master suite and family room and office. The one car garage could be made to 2 but it would be costly, but doable. The kitchen is bad, could I use it , yes but not for long. Upgrading to gas is $7500 plus removing oil tank inside one $2k+?,

    Home #3 $249k Not the best location , better then 2 but certainly not the worst, once you get to the end of the street you are at the best location. 100% remodel , gas central air 2.5 new baths, new kitchen, office room, upstairs laundry off the master, No garage and there may be no space for one the way the lot is , I;m thinking there is no way.

    Any opinions on which one to offer on?

    submitted by /u/anjealka
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    Can someone in brief explain the tax exemptions or benefits you get being a homeowner?

    Posted: 08 Jul 2019 01:02 PM PDT

    As the topic states I'm trying to understand what tax write offs and deductions you get being a homeowner/mortgage payer.

    I have read about homestead exemptions but don't think I'd qualify at my salary level (166k, sole breadwinner for now in the family)

    I understand that your total gross gets lowered since you can exempt something related to your house so they're taxing less total.

    Can anyone give me a rundown or point me to a good article or two?

    submitted by /u/PetiePal
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    Tips on identifying school districts with good special education programs for my son?

    Posted: 08 Jul 2019 08:32 PM PDT

    Hi all! My family be moving to Rensselaer County, New York and my wife and are trying to identify school districts with good Special Education programs. Our son is autistic and we're just trying to make sure he's going to be well-supported by a good school district. Do any of you have any tips/strategies or articles to read that might help me? TYIA.

    submitted by /u/continuitybomb
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    Does anyone have experience with Class K building in CA?

    Posted: 09 Jul 2019 03:50 AM PDT

    I know there are three counties in CA that allow for more relaxed building codes in rural areas.. Has anyone built there? What was your experience?

    submitted by /u/Yruhary
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    Pre 1973 vs post 1973 earthquake resistance in California?

    Posted: 08 Jul 2019 08:01 PM PDT

    Hi I wanted to ask when looking at buying homes in California, how big of a deal is it that it's 1973 and beyond vs pre 1973? Is it a big difference when it comes to earthquakes ?

    Also, I saw that there are maps showing you where the fault lines are etc - do you use that when you buy a property in California to determine if it's risky or not risky to buy a home there?

    submitted by /u/limache
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    Any last minute tips/tricks for an appraisal

    Posted: 08 Jul 2019 09:49 PM PDT

    I am in the process of a refi and have an appraiser scheduled to come visit my property this week. We just upgraded the backyard, planting in the front, interior paint and minor guest bath upgrades. Is there anything else I should do prior to the appraisal?

    submitted by /u/patrickjcoyne83
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    Too many showings in a day... average 2-4 a day

    Posted: 08 Jul 2019 09:30 PM PDT

    I am a tenant leaving this condo in less than a month, but showings started on June 1st. So we've been doing showings for the landlord the past month.

    I have 11 showings lined up for tomorrow that the agency just books in for me... but usually, its 2-4 a day. It's really disturbing to our lives these 2 months since we don't want to have unattended showings because it is a 400 square foot condo priced at 1850 CAD(I leased for lower) so everything of value is within arms reach and I have a dog within the premise.

    I am glad to be leaving this shit hole but I just want to have this last month to be quiet. I feel like 1-2 showings a day and sometimes weekend when I am available is more than enough. There has probably been 50 showings so far, I've risen the concern with the listing agent that this is not a 1 bedroom but a studio with a divided wall between the bedroom and kitchen...

    Am I going against any leasing rules by requesting only 1-2 showings a day? Because there is absolutely no way this place is getting leased out at $1850 when a 600 sq ft 1 bedroom unit is available for the same price within the area.

    Much thanks.

    submitted by /u/Hue_GG
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    HELP! Should I stay or sell?

    Posted: 08 Jul 2019 09:20 PM PDT

    Thanks in advance to all for your kind attention reading this post and helping me out. I am in a quandary, and need some sage advice.

    I bought a 3 bed 3 bath detached townhome some years ago and I have since paid down my mortgage to where I only have about $120K left. Getting close to owning my home and being 100% debt free is exciting.

    However, the townhouse community I live in is plagued with disrespectful, class-less, rowdy renters. The occupants let their kids run unsupervised all over the complex, screaming and running up on everyone's porch and on their driveway on my property line.

    Some of the renters are slobs with multiple cars parallel parked in front of the driveway blocking the main entrance. Ofren they're working on cars jacked up with junk around which they're not supposed to do per the HOA. The HOA appears to be spineless in terms of conflict resolution.

    The other day one of the renters vacated and left all their unwanted household items and garbage piled up in front of their townhouse in plain sight. It was there all weekend until they finally cleaned it up on Monday after the HOA was notified.

    I feel like I just want to sell and get the heck out but that would be renting which is more than my mortgage. Renting may hinder me from saving any extra money in the bank. Right now I'm putting a few hundred extra towards mortgage loan principal.

    Part of me thinks the complex is going downhill but another part of me realizes that bad neighbors can be anywhere you go! But I don't want to see all this become a block buster, and values decrease.

    I have 15 years to retire and want my mortgage paid off by then, which this mortgage will be. I don't think I could buy again in a new neighborhood with a new 15-year mortgage and afford the payments.

    That all said though, in three years I will be eligible to buy in a 55+ community which is what I want to do. Homes in those communities are more affordable. Plus I can escape kids, renters, unruly noise, and potential riff raff neighbors..

    I don't know what to do now though. Should I stay, or sell?

    submitted by /u/movn4wrd
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    Buyers visiting and revisiting

    Posted: 08 Jul 2019 09:01 PM PDT

    Been under contract for well over a week. Buyers are making steady progress - deposit, disclosures, appraisal, inspections, a few questions here and there. They've also been here at least 3 times and are planning to be back again this weekend, which is also the very end of contingency period. Is this amount of visits typical? If not what is?

    submitted by /u/way_over_there
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    Does new construction affect my home price?

    Posted: 08 Jul 2019 06:18 AM PDT

    A new subdivision that joins mine is constructing new cheaper homes. Will those homes affect the value of mine? Homes in my neighborhood range from $300k-$450k. The new homes range from $180k-$220k.

    submitted by /u/JuicyJ0081
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    Mentally challenged son being taken advantage of in Iowa.

    Posted: 08 Jul 2019 08:50 PM PDT

    Our mentality challenged son has a property in Iowa and had auto draw for his HOA now they have changed HOA companys and stop his automatic payments. Now they says he owes $1,200.00 back payment.

    submitted by /u/EmotionalJuice
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    Appraisal Values

    Posted: 08 Jul 2019 06:54 AM PDT

    How does a appraiser accurately judge a comparable home based off previous sales prices? There is a home in my neighborhood for sale (under contract) for mid $300s. It is a very very similar build as my house however the exterior and interior are dated to the mid 1970's whereas ours is renovated inside and out. (I'm not selling I'm just curious how they do it)

    So if this sells for mid $300's, once the photos of the house are deleted and all traces of the home being very outdated and needing major work is gone, if I were to list my house a year from now, how does the appraiser know that that home needed a lot of work at $350k and not to price mine at a similar price?

    submitted by /u/Rthen
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    Hello everyone I have a general question I'm interested in purchasing some property that was abandoned and burned down. The person who owns the property lives in my neighborhood. What would be a formal way to ask a person to sell their property... Any advice would be helpful

    Posted: 08 Jul 2019 07:30 PM PDT

    Condo resale - How old is too old?

    Posted: 08 Jul 2019 01:01 PM PDT

    Looking into a property as a 1st time buyer in Canada in a great location, but the condo is 25 years old. I was originally looking at preconstructions and given the building would be brand new, I wouldn't have any headaches with repairs, unexpected costs (at least compared with resale?), etc. Plus I'm not dying to move in right this minute, but that might actually change.

    At what point would a typical condo building be deemed too old irrespective of how it has been managed? Looking for an average figure given all else being equal among condos in the US or more specifically, Canada in this case. Trying to figure out when condos typically fall apart so I'm not putting money into a building that's been through its course.

    And during the viewing of the unit/building/books, what am I looking for that may give me more specifics as to condition of building overall?

    submitted by /u/10Kchallenge
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    St. Joseph

    Posted: 08 Jul 2019 06:50 PM PDT

    Anyone hear about planting a St. Joseph statue in your yard to help sell your house?

    submitted by /u/BetziPGH
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    First time home buyer help?

    Posted: 08 Jul 2019 04:48 PM PDT

    We're borderline desperate, and I'm simply not sure where else to turn for help. Our lease for our apartment runs out next month, and the apartment has been flooding for over a week now and we've been fighting with maintenance to fix it, so we really don't want to renew. We're paying $1100/month in rent right now, we both work full time making a combined 80k/year approximately. It seems like house payments in our area are at least $400 less than what we pay in rent, so it seems doable, however 1) we have no down payment and 2) we have no idea where to start. We've got two car payments each month as well as a personal loan we're paying off and I have student loans, if that means anything. I've tried various google searches and keep getting different answers. We just want to be in a house. Any advice would be greatly appreciated, I'm sorry for my ignorance on the topic and if this is the totally wrong subreddit.

    submitted by /u/Caffeineisbad
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    Buyers can't obtain a mortgage on our home. We are waiting to be released from the contract, so we can relist our home. How long does it take? We have been waiting a week now.

    Posted: 08 Jul 2019 10:21 AM PDT

    Where to List Rental

    Posted: 08 Jul 2019 03:57 PM PDT

    I'm trying to rent out a room in my house but I don't know where to advertise. I was thinking of Craigslist or Facebook. Does anyone have any ideas?

    submitted by /u/crop_te
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