how can i dispute a link on my house without aa lawyer

When should I hire a property line dispute attorney?

If the lien is valid but you want to dispute it because you believe it was unfairly imposed, the matter usually needs to be settled in court. You will file a motion that will force the lien holder to appear to explain why he is entitled to a lien on your property. If the judge finds the reasoning invalid, he will order its removal.

Do you need a lawyer for a neighbours dispute?

 · 2 attorney answers. In general to dispute a mechanic's lien you need to motion the appropriate court seeking an order directing the party who filed the lien to appear in court and show cause why the lien is proper. The motion must be brought to court in the county where the land is located. In the motion you should explain why you feel the lien ...

Can a dispute over a property line be resolved?

Answer. The way that you need to go about fighting a lien depends on several factors. These include your jurisdiction, the reason for the lien, and the stage of the lien proceedings. In many jurisdictions, you must be notified that someone is attempting to place a lien on your property. Once you receive this notification, you will generally ...

Do you need an attorney to resolve a boundary dispute?

 · 4. Try to reach a neighbor-to-neighbor agreement. Reaching an agreement between the two of you — without involving attorneys and/or the court system — is generally the fastest, …

2 attorney answers

In general to dispute a mechanic's lien you need to motion the appropriate court seeking an order directing the party who filed the lien to appear in court and show cause why the lien is proper. The motion must be brought to court in the county where the land is located. In the motion you should explain why you feel the lien is not valid.

Alan James Brinkmeier

In general to dispute a mechanic's lien you need to motion the appropriate court seeking an order directing the party who filed the lien to appear in court and show cause why the lien is proper. The motion must be brought to court in the county where the land is located. In the motion you should explain why you feel the lien is not valid.

How to get a lien freed?

In situations where the lien is valid and proper procedure has been followed, you should attempt to contact the lien holder and ask to have your property freed. If you do not receive a favorable response, you will probably need to file a motion to get the lien holder into court. There, he will have to justify his claim on your property. If he cannot or you can prove that he has no entitlement, a court order should be issued for a release of the lien.

What happens if you are notified of a lien on your property?

Once you receive this notification, you will generally have a specified period to take action to avoid it, if you feel that the lien is unjustified. For example, it may be alleged that the lien was requested because you did not pay for certain services. If you did pay and you can prove it, you should be able to submit your proof and this may resolve the matter.

What happens if a lien is already in effect?

If the lien is already in effect and you had no knowledge of it, you need to first determine the reason for it. Then, you should ensure that it is valid. Obtaining a lien is often subject to strict procedure. If the lien holder fails to adhere to the process, the lien can be deemed invalid and released.

What happens if a person cannot prove he has no entitlement?

If he cannot or you can prove that he has no entitlement, a court order should be issued for a release of the lien. The information above is a broad generalization.

How to resolve a neighbor dispute over property lines?

Some, though, can turn ugly. If you’re in an argument with a neighbor over a property issue, follow these steps: 1. Stay civil. Don’t use this disagreement to vent months or years of anger at your neighbor. That will only escalate the situation.

How to resolve a dispute with a neighbor?

Once you’ve reached an agreement, both of you can sign a deed that details the perimeters of the land. You should work with an attorney to sign the deed, which will then need to be filed with your county recorder’s office or land registry office.

What to do if you can't reach an agreement with your neighbor?

If you can’t reach an agreement with your neighbor on your own, a letter from your attorney is a reasonable next step. It lets your neighbor know you mean business before pursuing further legal action. The letter should detail the property line violation and ask for a specific action to resolve the situation. 7.

What to do if factual information isn't resolving the dispute?

If factual information isn't resolving the dispute, you might also hire a mediator to facilitate a negotiation between you and your neighbor. The mediator will help you generate options that would not be possible in court — for example, perhaps there is an imaginative way of renting or sharing the disputed land that would leave both of you better off.

What to do if your deeds are unclear?

If your deeds or existing surveys are unclear, you and your neighbor might agree to hire a land surveyor to give you an objective report regarding the property boundaries. If factual information isn't resolving the dispute, you might also hire a mediator to facilitate a negotiation between you and your neighbor.

What to do when neighbors have different understandings of where the boundary line is?

When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. Schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files — deeds, plat maps, and property surveys —to the table.

How to file a lawsuit against a neighbor?

Be ready for your neighbor's defenses, and review the strength of your possible responses before you decide to file a lawsuit. A neighbor's most likely defenses with regard to a boundary dispute might include: 1 You have the facts wrong, or have incorrectly read the deed to your property. 2 Your neighbor owns the disputed property through adverse possession, a doctrine that allows someone who has used a piece of property without the owner's objection for a statutorily prescribed number of years to gain ownership over it. 3 Property use established a prescriptive easement, authorizing your neighbor to come across your property. 4 You gave consent to use your property. 5 You waited too long file a lawsuit, and the statute of limitations (the allowable time within which to file) ran out.

What is boundary dispute?

A boundary dispute might be a question of confusion or uncertainty. Perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property. A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession ...

Is it a good idea to sue your neighbor?

A lawsuit against a neighbor is seldom a good idea. Even if you “win,” you could be stuck living next to your former adversary for years to come. Moreover, litigation will be time-consuming and expensive for both you and your neighbor. Nevertheless, a lawsuit is sometimes the only way to settle a significant boundary dispute.

Can neighbors argue over boundaries?

Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: constructs an improvement that clearly crosses a property line.

How to dispute a HOA?

File a dispute. Contact the president of your HOA to discuss your problem. The association may schedule mediation or arbitration to resolve the issue. However, this may take some time and is often stressful. If your complaint is minor, you may not feel the time and effort you have to put into it is worth it.

Can you take legal action against a home owner association?

Homeowners associations are legal entities, which means you can take legal action against them . Real estate law is complex, and having an attorney on your side will increase your chances of success.

Can you take action against a HOA?

You believe your HOA’s latest accusations and demands against you are in violation of your contract and you want to take action. Fortunately, you can, with the help of an attorney. You should be aware of the following:

How to avoid property line disputes?

Keeping an open dialogue is the first step towards avoiding a property line dispute. If a dispute does arise, talk to your neighbor about ways to solve it amicably. If you can settle the problem without going to court, you can save yourselves a lot of time and money.

When a property line dispute becomes serious, what is the next step?

When a property line dispute becomes serious, hiring an attorney is the next step. Uncooperative neighbors that won’t participate in an amicable solution make attorneys a necessary reality.

What is a property line?

Property lines (also called boundary lines) are the invisible lines that define your property. They are outlined in your property deed, telling you where your property ends and where your neighbors’ begin. Property line disputes can arise in a variety of ways. Storms can knock over a tree into your neighbor’s property or your neighbor could build ...

What happens when you encroach on a property?

Encroachment can quickly turn from a nothing issue to a big issue. It can lead to liabilities, damage to property and cause problems when you try to sell the property.

How to understand property lines?

To truly understand your property lines, you’ll need to hire a land surveyor. They will visit your property and determine its boundaries through careful measurement. They use sophisticated equipment to supply you with an accurate map of your property.

How to deter trespassers?

Put Up Signs And/Or Fences. If you live in an area with a lot of open land, it can be useful to put up signs to deter trespassers. “Private Property” or “No Trespassing” signs help define your property so anyone occupying it without permission is aware they’re trespassing.

What is worse than annoying neighbors?

There’s nothing worse than an annoying neighbor. Maybe they let their lawn grow way too long or they refuse to shovel the snow from their sidewalk.

How to resolve land dispute?

The area and value of land in dispute may be small enough that the issue is best resolved by mutual agreement rather than by rushing into court. Litigation costs add up quickly, and can easily exceed the value of the land in question. How you proceed greatly depends on your relationship with the neighbor. Keeping things friendly, or at least civil, is often the best approach.

What to do if neighbor is not cooperating with you?

Assuming the law is on your side, and private discussions between you and your neighbor have not been productive, a letter from your attorney to the neighbor explaining the situation and either requesting action or containing a reasonable offer to settle can possibly resolve matters.

What to do if your neighbor doesn't know you have a boundary issue?

A personal visit, phone call, letter, or even an email from you will be better received than a letter from your attorney, or actions like filing a complaint or placing stakes or ribbons on the land you claim is yours. That's especially true if your neighbor doesn't yet know that you believe there's a boundary issue.

What to do if your neighbor is misunderstanding you?

If your relationship with your neighbor allows, try to speak with him or her about the issue. Perhaps there's simply a misunderstanding, which can be cleared up between the two of you.

What is Nolo's article on neighbors?

Nolo's articles on " Neighbor Disputes " can help with this process, covering issues like fences and boundaries, and offering summaries of your state's laws on boundary fences, adverse possession, and more.

How to find the boundary of a property?

During a survey, a licensed surveyor will physically locate the boundary of your property based on the legal description contained in your deed. This will help determine if your boundaries are located where you believe they are, and how much land is being encroached upon.

How to get information about your neighbor's property?

To obtain the needed information about your and your neighbor's properties, you will most likely need to have a survey, appraisal, and a full title search performed. If you had any of these done when you purchased the property, and still have them, you can use them at this stage and save the expense of having them redone. However, you will most likely need to obtain new information if you must proceed to trial.

What happens if the seller doesn't disclose information about the house?

If the seller fails to disclose information about the house but you haven’t yet signed on the dotted line, you may be able to cancel the purchase. Canceling the purchase could be a lot less costly and time-consuming than suing the seller.

What happens if you sue a seller?

If you do end up suing the seller, you could seek monetary damages for the seller’s failure to disclose information or misrepresentation of the property. The amount you sue for can include damages for the difference between the amount that the buyer paid and the fair market value of the property at the time of the sale, Zuetel says.

Do you have to disclose property to prospective buyer?

Real estate disclosure laws. Real estate disclosure laws differ from state to state, but in most places in the U.S., sellers are required to disclose info to a prospective buyer that could affect the property value. That could be anything from a termite infestation to a property line dispute with a neighbor. If your house was built ...

Can a buyer cancel a purchase due to discovery?

Laws in most states guarantee a buyer the right to cancel a transaction due to discovery of certain facts during the transaction. In California, for example, Zuetel says a buyer may terminate a transaction within a certain number of days after receiving a disclosure regarding natural hazard zones around the property.

Do sellers have to give information to buyers?

Sellers must volunteer information about their property to the buyer; it’s not enough to just wait for a buyer to ask a question and answer honestly, according to California real estate attorney Bryan Zuetel of Irvine, CA. In many states, that information is shared through a disclosure form, where a homeowner outlines details about the house. That form will include negative information as well as basic facts such as the square footage.

Can you cancel a residential purchase agreement without losing money?

Most real estate attorneys recommend including contingencies in the residential purchase agreement that will give buyers an out, and require any money held in escrow be returned to them (pending a review of the disclosures and the property). If your contract has this contingency in place, you should be able to cancel the transaction and walk away without losing anything but your time.

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How to resolve property boundary disputes?

Such as most other disputes with neighbors. .. Property boundary disputes are often best resolved through talking with your neighbors. After all, you may be living next to them for a long time. Building a culture of resentment may be more stressful than correcting your neighbor’s actions involving police or the courts.

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What is neighbor law?

Neighbor law covers the many disputes that may occur between two individuals that live side by side. Of course, there are many sorts of disputes that can, and do, arise.

What is a good source to learn more about dealing with neighbors?

A good source to learn more about dealing with neighbors is Neighbor Law: Fences, Trees, Boundaries & Noise.

Is it uncommon to have loud neighbors?

Unfortunately, many neighbors are inconsiderate of others. As a result, having a loud neighbor, or even neighbors, is not all that uncommon.

Defining Boundaries and Property Lines

First Steps When A Dispute Emerges

• When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. The first step is to schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files—deeds, plat maps, and property surveys—to the table. Sharin...

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