Common And Uncommon Questions About Real Estate
At The Quitmeier Law Firm, attorney-client relationships often begin with questions, such as those below.
I am about to buy, sell or lease a residential property. Do I need a lawyer to represent me at closing?
This is optional. However, a home purchase, sale or lease is a major financial transaction. For your own protection, have an attorney review your buy-sell contract or lease.
My neighbor wants me to help pay for a fence that I don’t want. Do I have to help?
Missouri law does not force you to contribute to the cost of building a fence that you do not want. However, if you keep livestock, it is your responsibility to construct and maintain a fence. For other property line issues, consult an attorney.
My neighbor stores equipment on my side of the property line. Should I worry about adverse possession?
Your neighbor may be able to seize legal rights to a portion of your property through adverse possession if the following are true:
- You are neglecting the upkeep of that part of your property.
- Your neighbor’s encroachment is obvious to observers.
- Ten years go by.
Let your neighbor know that you reconfirm your ownership. Start maintaining that piece of land. Take pictures. Keep a log of any dialogue between you and your neighbor. Get legal advice before years go by or before selling your property.
I heard that a property I plan to buy has an easement. What should I know?
An easement may allow someone else to use part of this property periodically. If you become the owner, you must honor the easement or pursue a legal way to get it changed. Also, a negative easement may forbid you to cross a neighbor’s property to gain access to some other property such as a public lake. To make an informed decision, get legal advice.
I heard I will need to supply a quit claim deed as part of my divorce settlement. What does this mean?
In Missouri, a quit claim deed will transfer your part of the ownership of the property to your spouse. Alternatively, the divorce decree may be written to bypass this requirement. For clarity and accuracy, consult with an attorney.
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