Can We Collect a Usage Fee for Our Property Used by a Commercial Business?

My question is about a piece of property I inherited from my aunt. A portion of the original parcel in question was sold to an individual who in turn sold it to several commercial companies and a Hardee’s restaurant was built on the lot closest to her house(approx 20+ years ago). Hardee’s built a retaining pond/ditch that borders the backyard of my aunt’s house. Due to a recent survey of the commercial property behind Hardee’s we discovered the drainage ditch is on our property. Since construction of the Hardee’s we have always had drainage issues – rivers of water running through yard. The drainage pond/ditch is also an eyesore with trash and debris scattered in it. Do we have any grounds to sue the Hardee’s owners in an attempt to get them to close this drainage pond/ditch and to collect a usage fee of this property for the last 20+ years? Read More …

Will Our Existing Property Restrictions Apply in the New Deed?

My ex-husband and his brother bought a piece of land together years ago. His brother has since married and has step kids. Does my ex have the right to kick the kids and their friends off the property? It is empty land with a pond. It was agreed on years ago when they bought it that no one would allow anyone else to go out there including kids unless one of the brothers was there. My ex is going to deed it to our kids and if this happens will they have the right to kick them off? I guess what I am wondering is does it have to be agreed by both parties who is allowed to go out there and can my ex call the law to have the step kids removed if they are by themselves? Thanks. Read More …

Should I Bare the Total Cost of this Repair?

The owner of the property next to mine recently reported that a portion of the retaining wall next to my property has cracked and is bulged out somewhat due to the tree roots from a tree on my property. Once notified of this, I had the tree removed. At this time, the owner of the neighboring property is asking me to repair the retaining wall at my expense. Due to the fact that the retaining wall is most likely over 86-years-old, I requested that the neighbor share in the expense of the repairs. My question is, should I bare the total cost of this repair, and if so, to what degree do I need to have it repaired? Would repairing the cracks be sufficient or do I need to replace the whole section that shows any movement? Read More …

Does Our Neighbor Have a Legal Right to Harvest the Apple Tree on Our Land?

My father and I bought land. Before we bought the land, the man that lived there let the neighbor plant a apple tree on the property. My father thinks he owns the property in which the apple tree is located on. We had the land surveyed and it is in fact ours. My dad wants to cut the tree down on our side. The neighbor said he will talk to his wife about the matter. My dad told him he didn’t have to ask anyone because the tree was on our property. My brother wants to put a fence up. What do you think we should do? Does our neighbor have a legal right to harvest the apple tree on our land? Thanks. Read More …

What Options Does Wife #2 Have in Making Sure That Wife #4 Does Not Get Anything Except the Vehicles They Shared?

My Father-in-law passed away in July 2012. He retired from the railroad business and he has been ‘married’ 4 times and has 5 children. He was married to wife #2 in Indiana (who is the mother of 3 of his children) and filed for divorce in 1989 (not 100% sure that was the year). He then ‘remarried’ 2 times thereafter. 10 months before his passing he moved out of the home that he & wife #4 shared. He had a will stating that all his assets were to go to his 5 children (he did not father any children with wife 3&4) but had wife #4 as benefactor on all of his accounts (retirement, life insurance etc.). Well wife #2 filed for a portion of his retirement benefits. It turns out that she & father-in-law were never legally divorced. The railroad recognizes wife #2 as his legal spouse and has taken wife #4’s name off of his benefits. I’m not 100% sure where a majority of his benefits are, but I do know his total assets amount to approx .5 million. Before Father-in-law passed he stated that all of his money was in stocks & bonds. I do know that the railroad offered him a lot of stock as part of his retirement. Is this considered retirement benefits from the railroad or would this be in an investor account? My main question is what options does wife #2 have in making sure that wife #4 does not get anything except the vehicles they shared (both names on title with survivorship listed). Sorry this is so long winded and complicated. It’s been a nightmare for my husband & his siblings. Read More …

What Rights Do I Have After My Girlfriend Illegally Evicted Me From Her Home, and Now Refuses to Give My Belongs Back to Me?

What rights do I have after being illegally evicted from my girlfriend’s home in a private gated community in California? While I was out she had her brother tell me I was moving out today or face domestic violence charges, which was completely fabricated in order to get me out for fear of being arrested as it happens all the time people get arrested based only on the partners word. Read More …

We’ve Found Mold 5 Months After Purchasing Our Home, What Legal Recourse Do We Have?

I live in Pennsylvania, I purchased a home on April and we moved in June. I did have a home inspection. Our basement windows leak excessively, our daughters windows leak (she has asthma) and also the kitchen window. We caulked the kitchen and our daughters room but have not corrected the basement. Last Sunday, I decided to take an at home mold test I purchased at Home Depot, I tested the air in the basement and have after an hours time mold started popping up in the petri dish. It still continues to pop up in the dish and it has been a week. Read More …