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Everything posted by RetiredinVA

  1. You got it right. However, the County Zoning Ordinance and Building Code Ordinance are also laws since they were authorized by a statute creating the County or City.
  2. Your taxable acreage should be the acreage described in your deed. Are you saying someone drew your property lines on an aerial phot and measured the acreage from the photo? Did they then adjust the acreage upon which you were assessed on the tax rolls? As a practical matter, how could they have possibly located the corner marker on an aerial photo. In any event, the solution to your problem lies in an accurate survey of your property.
  3. You need a survey. Get back to us when it is done.
  4. I only read thelast two paragraphs. So, I'm not sure what your question is. Could you edit your narrative a little.
  5. I would be wary of not notifying the creditor about the receipt of the check. Texas requires the administrator of an estate to give notice by mail to any creditor who has a secured debt. A good argument can be made that the rransporf company has a secured interest in the proceeds of the check in the nature of a constructive trust. The opinion of an attorney should be sought before acting on the estate.
  6. The tax assessors listing is irrelevant. Whether or not your husband inherits the property depends on whether it is left to him by will or he inherits it if you have no will. The latter depends on the state where you live and whether you have children. The state where you live may be critical and you have not identified it.
  7. Why ... do you believe ... your son has ... "legal access or rights of residence" ... to your house??? He .. has the same right ... of access ... as someone ... to whom you rent a room... As with anyone else ... you evict him ...and serve him with a... notice that future ... entries to your property .... will be prosecuted ... as trespasssing...
  8. It sounds as if there is a designated place for parking bikes. Is there something in your lease dealing with parking of bikes and cars?
  9. and are uniquely delegated to the judgment of the trial court judge. Generally, only cases decided by appellate courts are reported and of any precedential value. Valuation issues are generally issues that are not reviewed by an appellate court since they are factual matters delegated to the trial courts. So, it would be extraordinary to find a case dealing with such an esoteric issue as you have posed.
  10. OK. Here's the original answer. If your son is an adult and not impaired, he is legally no different from anyone else you choose to allow to live in your house, There is no law that grants an un-empaired adult offspring any rights to live anywhere that are not granted to a stranger on the streets. There are no laws that require any different procedures for evicting an adult son who is not impaired. There are not laws that define the relationship between an adult unempaired child and a parent as different between a stranger and the parents when it comes to landlord tenant rights. The same procedures and rules that you might use to protect yourself from your next door neighbor are the same rules and procedures that would apply to protection from your adult son. Protective orders and trespass notice are the methods most used. What is not clear about that? And, yes, putting three periods (elipses) randomly thoughout your text is annoying.
  11. It is doubtful that anyone here regularly does Worker's Compensation Claims in Georgia. Your doctor, or more likely his staff, would probably be more familiar with the claims process in Georgia.
  12. The landlord-tenant laws do not distinguish between strangers and relatives. So, a child who returns is a tenant. Once he has been evicted you can either petition the local court for a protective order or you can simply serve him with a notice that returning to your home would be criminal trespass. Notify the local police that you have delivered a written trespass notice to your son and they should enforce it.
  13. The legislature and at least one prosecutor apparently believe it is. Whether we agree or not doesn't matter.
  14. You have not designated your state so we can't specifically answer your questions. A public process server would normally be a deputy sheriff or marshall. A private process server is someone hired to serve papers. There is usually a wide difference in fees. However, a deputy sheriff will normally only serve papers during the day at a designated location and only if it is fairly easy. He or she may have dozens of papers to serve the same day. Many private process servers will consider a difficult service a challenge and will exert extreme measures to serve the papers, at a much higher cost.
  15. Hire a private process server. They love this kind of challenge. If the person who is being served works, the papers can be served at work. If the person goes to church they can be served there. You have not identified the state but it may also be possible to serve the papers by substituted service, like posting on the front door or serving a family member in the home. How to serve papers on a person avoiding service is not really a subject for on-line discussion.
  16. The husband's income and assets are not relevant. He was not a party to the divorce and is not under the jurisdiction of the divorce court. Obviously, she can claim "no income" even though she has assets. Assets are not income and lenders will usually not take them into account in determining whether to finance a loan unless the assets are actually producing income. The wording you paraphrased from the divorce decree seems to indicate there was some question about whether she would be able to refinance. Merely requiring her to notify you if she couldn't refinance seems to preclude any other action you can take to force her to refinance. At the time the decree was drafted it could be assumed both parties were aware of the possibility that she could not refinance. I guess it goes without saying that agreeing to quit claim the property to her without requiring her to refinance was a bad idea.
  17. Don't discuss this further on a public site. Since the police had probable cause to believe concealing merchandise (shoplifting) was in progress, they had reasonable cause to search the shopping bag. However, you should discuss this with your attorney.
  18. Duh! The lease specifically says you are responsible for transferring the gas bill to your name within three days.
  19. In your scenario, the trustee conveyed an incorrect portion of the tenancy to himself. Obviously that could not be fraud. He the obtained a loan using the incorrect interest as collateral. The victim, thne, was the lender. If the victim chose not to press the matter, the prosecutor was certainly justified in not prosecuting.
  20. That kind of suggests the landlord can evict you too. Doesn't it?
  21. I don't see any legal issues. What is your issue/question?
  22. We on't do documents here. Yes it is best if your name is on the title. But the loan company would have to agree.
  23. Seriously! Can you pare your novel down to maybe a few hundred words? Then I'll read it.
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