By Adam D. Martinez | Chairman of Real Estate Litigation Department Question: We own a home on a large lot in Maricopa County. The lot is in a cul-de-sac with four other large lots with homes. All of the lot owners access their lots using an easement on a private road. The recorded easement only refers to the right to …
Adam Martinez, Rose Law Group Real Estate Litigation Department Chairman, answers the question, are property owners responsible for changes that result in flooding?
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: For years we have owned a beautiful ranch style property in North Phoenix. The homes in our neighborhood have large irrigated lots. Recently, my neighbor behind us built an addition to the back of her home and a large outside entertaining area. Ever since she completed the additions, her …
Real Estate Q & A: Cities cannot stop homeowners’ short-term vacation rentals
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: I recently purchased a beautiful vacation home in Sedona, Arizona. My family and I stayed at the home for a couple of weeks during the holidays and I was able to meet some of the other homeowners in the neighborhood. During one visit with a neighbor, I explained that …
Real Estate Q & A: Can a landlocked property owner gain access?
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: After my parents died, I inherited 40 acres of land in Northern Arizona. I recently had the property surveyed and discovered that that there is no access to the property without crossing over a neighboring property. The neighboring property has a locked gate preventing any access. I have made …
Real Estate Q&A: Leases are voidable by a non-signing spouse
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: I am a broker and represent the owner of a commercial building in a lease transaction. The owner is a married couple. However, the wife is a neurosurgeon and I have never met her before. The husband is the only person I have worked with regarding the lease and …
Real Estate Q & A: The mortgage debt relief act is dead, now what?
By Adam D. Martinez | Chairman of Real Estate Litigation Department Question: I read an article you wrote in 2010 about foreclosures and short sales. I work on a foreclosure defense project and I was wondering what will happen now that the Mortgage Debt Relief Act of has expired. Will borrowers have any other relief from mortgage debt forgiveness counting …
Real Estate Q & A: Can I force my co-owner to sell a property?
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: My partner and I have several real estate investments in Arizona. One of those investments is a 16-unit apartment complex. My partner and I own it in equal shares as tenants-in-common (his choice). We each contributed an equal amount of cash to purchase the property and we each divide …
Why a trust doesn’t always avoid probate for real estate
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: My parents owned a few investment properties before they passed away. They created a trust so that I would not have to go through probate. They even gave me a copy of the trust which states that the investment properties are part of the trust. However, I just signed …
Real Estate Q&A: Should we add our daughter to home titles to avoid probate?
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: My husband and I own a home in North Scottsdale. We also own a condo in Ahwatukee that we currently rent. Our wills state that if both my husband and I pass away, our homes go to our daughter. However, we understand that a will does not avoid probate. …
Real Estate Q&A: Homeowner does not have to remove encroaching wall
By Adam D. Martinez, Esq. Chair of Rose Law Group Real Estate Litigation Question: We own a home at the base of Mummy Mountain in Paradise Valley, Arizona. We purchased it from my parents 3 years ago. Prior to us, my parents owned the home for 9 years. Recently, my new neighbor told me that a short stone wall dividing …
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