why would a lawyer call me in regard to property i formerly owned?

Why do I need a real estate attorney when buying a house?

Thanks to your real estate attorney, you’ll be able to rest assured there are no problems with the title and that the terms of the purchase agreement are fair to you. Property law can be rather archaic and often still requires delving into county records that haven’t yet been digitized, so it isn’t exactly easy work either.

What is it called when two people own a property?

Another term commonly used to refer to real property would be “premises.” Such property can be jointly owned by two or more people; meaning, all of the people involved hold title to the property. Joint ownership of real property can be categorized as the three most common types of ownership: Tenancy by the Entirety.

When should I hire a property line dispute attorney?

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. Attorneys can take legal steps to end this dispute. These can be sending a cease and desist letter to the neighbor or filing a lawsuit.

How do you handle a dispute with a property owner?

Start with a direct approach. There isn't always a need to get authorities involved, as you may be able to handle the problem directly with the property owner. If the owner is living on the property, you can approach the owner and voice your concerns in a calm manner.

What is the rule about representing a client whose interests may be adverse to a former client?

(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What are the exceptions to solicitation allegations?

There are essentially only three exceptions to such contact: (1) direct contact with clients with whom the lawyer has had a prior professional relationship; (2) direct contact with individuals with whom the lawyer has an established personal relationship; or (3) solicitation of clients for “political” purposes rather ...

What are some ethical violations?

Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

What are the main areas of dispute and complaints for law firms?

Professional Negligence. Civil Fraud and Investigations. Financial Services Disputes. Wills, Trusts and Inheritance Disputes.

What happens if a lawyer lies to a judge?

If a lawyer lies to the Judge about something that is within his own knowledge -- such as something the lawyer did or didn't do during the lawsuit, then he can be suspended or disbarred. However, it's important to distinguish what you mean by a "lawyer lying" from examples when a lawyer is not really lying.

How do you know if your lawyer is selling you out?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.

What is considered solicitation?

Solicitation is the inchoate offense of offering money to someone with the specific intent of inducing that person to commit a crime.

Can lawyers poach clients?

Stealing clients from the firm can be a breach of fiduciary duty. Take, for example, the case of the Dowd and Dowd firm. When two partners decided to leave, they used confidential information to secure funding for a new firm, secretly contacted clients, and poached employees.

Which of the following are the consequences of violating legal ethics?

What practical consequence can result to lawyers who violate ethical rules? They can be reprimanded, which is their unethical work not being tolerated anymore; they can have their license suspended for a certain period of time; and they can be disbarred which is losing their license.

Hire a Realtor

To start the process, you need to select a realtor to list your property. You will want to make sure that your realtor is licensed in the state and ensure that you sign a representation agreement that decides the realtor’s commission and the duration in which you want your house to be sold.

What can the attorney do?

The real estate attorney can work wonders for you. The contracts of selling the house need to be carefully examined, as they can be used against the seller in case of a liability. As a seller you want someone who can help you address any title issues that might come up during the selling process.

Why Hire an Attorney?

A real estate attorney will protect your rights and interests in the transaction. They have experience in issues of real estate transactions and can handle unique issues that might come up during the sale process. They are the best people to handle a crisis situation, so it is important you hire or consult them before starting the sale.

How to Hire an Attorney?

Most people tend to hire attorneys they know or have heard about, which is quite a safe practice. This should be done only if the attorney you know has experience and knowledge of the gritty details of the real-estate field, especially the laws specific to your area.

What is co-ownership in real estate?

Co-ownership is where there are multiple individuals with an ownership interest in property. Many people chose to own real estate in some form of "concurrent" or co-ownership. There are three main ways to own real property jointly: Your legal rights and obligations will depend on the type of co-ownership agreement you have.

What is a tenancy in common?

For example, under a tenancy in common: Each co-owner has right to use and possess the entire property. Each co-tenant owns a certain share of property as their own. Co-owners may hold unequal ownership shares.

What is tenancy by the entirety?

A simple definition of tenancy by the entirety is a marital property interest between validly married partners. In that tenancy by the entirety is basically joint tenancy but held by legally married spouses. In states that recognize such form of co-ownership, there is a presumption that conveyance to married spouses will automatically create ...

How to terminate a tenancy by the entirety?

While there is no way for one co-owner to do so on their own, here are a few ways a tenancy by the entirety can be terminated: Death of co-owner spouse. Divorce or dissolution. Mutual agreement of co-owner spouses.

What are the benefits of co-ownership?

The benefits here are: Avoiding delays. Avoiding complications and costs of probate.

What happens when a joint tenant dies?

This means that when one joint tenant dies, their interest in the property automatically goes to the other joint tenant.

Can co-owners share in unequal ownership?

Co-owners may hold unequal ownership shares . Maintenance and other costs are shared in proportion to ownership shares. Those interested joint tenancy and tenancy by the entirety should be aware of the so-called "four unities": Time – the spouses interests must vest at the same time.

What can a real estate attorney do?

A real estate attorney can help you draft a covenant that will restrict how the new owner can develop the land, or make sure that you are granted an easement to pass through the land to access a public road or another part of your property.

How much can a single seller exempt from taxes?

You might know that single sellers can exempt up to $250,000 from capital gains tax, and married couples can exempt up to $500,000. But that doesn’t include selling costs, closing costs, or the home’s tax basis.

Can a seller get help from a real estate attorney?

Sellers are less likely to seek assistance from a real estate attorney, but an attorney can be a godsend for especially k notty transactions. Let’s say you own a large plot of land and want to sell only a couple of acres.

Do real estate attorneys have your best interests at heart?

But the fact is, your real estate attorney does have your best interests at heart (we’re ethically required to), and having one at your side can actually make buying or selling a home go much more smoothly. But you also need to understand a few things about what we do.

Do real estate attorneys work?

Spoiler alert: Real estate attorneys actually do a lot of work. If everything goes smoothly with your home purchase, your attorney will come back and tell you to go through with the deal without any further changes.

Can a real estate agent do a closing?

3. Attorneys can do things real estate agents can’t. Some states require that an attorney be involved in a real estate closing, while other states let real estate agents prepare purchase contracts without any involvement from attorneys. Typically the buyer pays for a real estate attorney.

Who owns the disputed property?

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.

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 ...

What is the best way to resolve boundary disputes?

There are different types of boundary disputes, and different approaches to solving them. Cooperation and diplomacy, however, are often the best solutions, no matter which side of the fence or property line you’re on. A lawsuit against a neighbor is seldom a good idea.

Can you sue a neighbor for a boundary dispute?

Nevertheless, a lawsuit is sometimes the only way to settle a significant boundary dispute. There are generally two types of lawsuits (or “causes of action”) related to boundary conflicts.

What is a lien on a property?

A lien is a claim against property made by someone in order to secure payment of a debt. The lien essentially makes the property collateral against monies or services owed to the other person or entity.

What happens if you sell a property with a lien?

If you are planning on selling property that has a lien on it, it is unlikely that the sale will close unless the debt is taken care of. A buyer will expect liens to be paid to allow for a transfer of clear title.

Why are involuntary liens peskier?

Involuntary liens tend to be peskier, because they weren't created by the homeowner.

What are the different types of real estate liens?

Types of Real Estate Liens. There are two main types of real estate liens: voluntary liens and involuntary liens. Voluntary liens are created by a contract between the creditor and the debtor. The most common type is a mortgage, which is essentially a bank loan that is secured by the property itself. Banks give homebuyers sums of money in exchange ...

What happens if a property is transferred without a lien?

If property is transferred without the lien being paid off, it remains on the property. Thus, in transfers between relatives, the new owner may be willing to take title to property that already has liens encumbering it.

What is a tax lien?

Tax liens are imposed by the federal, state, or local government based upon back property taxes that are due and owing against a particular parcel. Not only can these seriously impact your credit report, but until they're paid off, they hamper your ability to sell the property.

What is a construction lien?

Construction liens are usually the result of unpaid renovations conducted on your property. As an example, imagine that you hire a contractor to re-landscape your backyard. You give the general contractor a sum of money to complete the job, which might include planting, installing a pool, and constructing a fence.

Can a waiver be made by a non-owner spouse?

Divorce. In any event, the waiver can only be by clear consent of the non-owner spouse and as always with real estate, “an ounce of prevention is worth a pound of cure.”. Be sure to let your sellers know if they are married, that the Marital Interest will need to be addressed before the property can be conveyed.

Do you have to sign a deed to your spouse?

The answer is yes, and the seller is informed that their spouse will need to sign the deed . More often than not the seller’s response is, “It’s my property! Why does my spouse need to sign the Deed?”. Knowing the reasons behind this requirement may help to ease this uncomfortable situation or prevent it all together.

What does neglected property mean?

A neglected property can be an invitation for vermin, crime, and other sanitation issues. On top of it all, an unkempt property in your neighborhood or on your street can drag down the value of your home. With all the properties on the market today, why would someone want to deal with messy neighbors when they could get a house in ...

What to do if all else fails?

Contact your elected officials if all else fails. There should be representatives on the local and county level you can contact, and they are often able to get the wheels moving when other bureaucratic agencies have stalled.

Do you have to get authorities involved in a property?

There isn't always a need to get authorities involved, as you may be able to handle the problem directly with the property owner. If the owner is living on the property, you can approach the owner and voice your concerns in a calm manner.

Can you sue a homeowner association?

You may be able to sue the homeowner's association if it didn't resolve the issue, or the owner of the property. Remember that these cases can drag on and be expensive, so this step should only be used as a last resort. Curtis Fease started writing professionally in 2007.

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.

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.

What happens if you encroach on your neighbor's property?

Over time, your neighbor’s encroachment can turn into an easement, giving your neighbor rights to your property.

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 does "no trespassing" mean?

Trespassing at its most basic means knowingly occupying land that isn’t yours. Images of “No Trespassing” signs along rural roads may come to mind. These signs are part of the fact that trespassing can’t be done unwittingly. You must know it’s neither your property nor public property

What can divide neighbors?

Nothing can divide neighbors more than a conflict over who owns what pieces of land. There are a variety of ways to solve these disputes. If you want to maintain a good relationship with your neighbor, solve it amicably.

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.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.

Defining Boundaries and Property Lines

First Steps When A Dispute Emerges

Will Title Insurance Cover The Dispute?

How A Lawyer Can Help with Your Boundary Dispute

Property Improvements A Common Source of Boundary Disputes

Anticipate Defenses Your Neighbor Might Raise

• 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...

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