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  #1  
Old 09-08-2009, 02:33 PM
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Join Date: Feb 2006
Posts: 21
Exclamation

Neighbor trying to escape !!


What is the name of your state (only U.S. law)? PA

The neighbor has encroachments and code violations. I am suing, but the case has been running over a year already. Now, he is trying to sell. What can I do to make sure the encroachments are fixed before he leaves?

To encourage him to fix things, I had sent him a letter specifying how much rent I was charging monthly for the encroachments. Can I use this as a basis for a lien?

Would he be able to outrun an injunction?

Any other ideas?

Thanks, Partner!
  #2  
Old 09-08-2009, 03:01 PM
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Join Date: Jan 2005
Posts: 21,746
Quote:
Originally Posted by DEDE 8 View Post
What is the name of your state (only U.S. law)? PA

The neighbor has encroachments and code violations. I am suing, but the case has been running over a year already. Now, he is trying to sell. What can I do to make sure the encroachments are fixed before he leaves?

To encourage him to fix things, I had sent him a letter specifying how much rent I was charging monthly for the encroachments. Can I use this as a basis for a lien?

Would he be able to outrun an injunction?

Any other ideas?

Thanks, Partner!
I just wanna point out that you can't arbitrarily & unilaterally impose a rental contract where none existed.
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  #3  
Old 09-08-2009, 03:04 PM
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You can't charge him rent unless he agrees to it. You can file a public notice with the county registrar of deeds called a "lis pendens." This informs the buyer that the property is involved in a law suit. A title survey will reveal this for the buyer. Also, call the real estate agent listed on the for sale sign and inform him or her that there is an active lawsuit and a list pendens notice. The agent will be obligated to inform the buyers.
  #4  
Old 09-08-2009, 03:08 PM
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Join Date: May 2006
Location: MI
Posts: 283
Is the property listed with a Real Estate Agency?
Are they aware of your claims/suit?
Do you have written proof, such as copies of violation notices?
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