Arizona Real Estate Legal Questions

The general rule of law is that a property owner may not use his or her property in a manner that damages a neighbor's property.  You may have a claim for monetary damages due to your neighbor's negligent discharge of her pool water if it caused damage to the wall or your landscaping.  Your damages would also include any construction costs reasonably necessary to shore up the retaining wall or repair the retaining wall if it is on your property.  Your neighbor may also be in breach of the CC&Rs if any.  You should consider reaching out to the HOA property manager to discuss your complaint to to have a clear understanding of which party or parties have the reponsibility to maintain the retaining wall.  The HOA may issue an order to your neighbor to stop draining the pool onto your property.   As a worst case sceario, if the wall is on your property and you have the  maintence responsibility for that wall and you believe your neighbor's actions and damage will continue, you could seek a restaining order. ... Read More

Good afternoon Robert, you may call our office at (480) 306-5977 so that we may obtain a few more details and we would be happy to schedule a consultation. Our consultation fee is $350.00 for one (1) hour. Please contact Kamia or Lisa at the number above. Looking forward to hearing from you and thank you for contacting The Deneau Law Firm, PLLC.... Read More

I presume no one else has an interest in the property. A beneficiary deed will do just that. See http://www.azleg.state.az.us/ars/33/00405.htm  You could also deed the property to you and your son as joint tenants with right of survivorship, or "JTWROS" (meaning the share of whoever dies first passes to the survivor). Either way, the property would avoid probate. But with a beneficiary deed, your son does not obtain the asset until your death.  With a JTWROS, your son would be taking his share of the asset now and also take your  share upon your death. There may be tax consequences to each of these scenarios that you may wish to discuss with your son to avoid inconveniencing him. ... Read More

These are two separate issues --  leasing for fair use --  and the right to purchase at a price, maybe fixed now, some time in the future.  Each has their own way to value, and they are two separate contracts which may or may not be linked with terms or conditions of default, cross default.  This requires careful drafting --  see a lawyer, as many realtors do not take the time to craft protections for you. ... Read More

Your state's laws will provide for a "claims period", that is, a period of time after the filing of the will for probate during which time claimants against the estate can file their claims.  Claimants may be lenders who have not been paid - such as doctors and hospitals; they may be unpaid power bills, etc.  The assets of an estate should not be transferred by the personal representative until the claims period expires and the legitimate claimants have been identified and paid.  There is some chance, if large claims are filed, that all the assets of an estate might have to be sold in order to pay the legitimate debts.  Hopefully, that will not be the case.  Once the debts of the estate are paid, the assets can then be transferred.  Bottom line, if there are no debts that intercept the devise, the transfer should be made within a reasonable time after the expiration of the claims period.  To be more specifically informed, you should confer with a probate attorney in your area.  A modest conference fee will give you good comfort about the time frame.... Read More

There is nothing illegal per se in someone placing the title in another's name -- but when that is done, the ownership passes to the other.  In other words, you are the owner of that property.  If you wanted to take advantage of her, you might well be in a position to do so. I don't know enough about her bankruptcy situation to properly address it.  Let me just say that the filing of a petition in bankruptcy results in a court order prohibiting the bankrupt from purchasing anything else on credit without the court's written consent while the bankruptcy case is pending.  You didn't say if the bankruptcy is still pending.  If it is, she may have violated that order and, if discovered, she could be cited for contempt of court and possibly have her bankruptcy petition dismissed.  There is also concern over whether she is trying to conceal her property from creditors.  That is called defrauding creditors.  This can be a valid concern whether she is still in bankruptcy or not.  I doubt you could be held liable for allowing the title to be put in your name, but if a creditor learns of it and files an action to set the deed aside, it could prove embarrassing.  There is risk to her also.  If you were to be sued over a car wreck, or for some other reason, have a judgment or tax lien filed against you, it would encumber title to the property since it is in your name.  If the circumstances worry you, I recommend that you have a serious talk with your mother and tell her you would like to get your name off the deed.  If she can't arrange that (due to bankruptcy for example), then you might consider a sale of the property but the proceeds should be treated as yours.  Before undertaking any specific resolution, confer with a good real estate in your area.  The advice will be worth a modest conference fee.  ... Read More

I will say first that I am not licensed to practice law in your state.  Whatever I say is subject to confirmation that Arizona law does or does not provide for such a 48 hour notice.  Now, having said that, let me address what I think are the likely important considerations: There are practical considerations to your problem - not just legal.  For example, a tenant has an expectation of privacy and ordinarily would not want anyone in her home or room when she is not present, and a tenant will ordinarily want adequate notice so that the home/room can be cleaned and made presentable for someone to see.  The request for adequate notice is therefore reasonable whether the law imposes certain standards or not. Another practical consideration has to do with the possibility of theft or something just being lost or misplaced.  If anything goes missing -- and you or your prospects have been in the room -- you will become the prime suspects even though you are totally innocent.  If I were a lessor (whether it be a house or a room), I would not want to subject myself to any such possible suspicion by going into my tenant's house/room. If you cannot work out a reasonable schedule to provide the notice she requests, you should terminate the month-to-month rental agreement by giving her the notice required by State law and then you can show the room any time you wish. If you wish to know the specific notice requirements for terminating such a lease (or for showing a house/room that is under a lease), make an appointment for a conference with a good real estate attorney in your area.  To know the specific information you desire would be worth a modest conference fee.     ... Read More