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Real Estate Q & A: No right to a view without an easement

Posted by   /  February 22, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

By Adam D. Martinez | Chairman of Real Estate Litigation Department Question:  We recently constructed a new home on a hillside. The lot has amazing scenic views, which is the main reason we purchased it. Adjacent and below our lot is another lot and home. Our landscape plan included trees that, when grown, will partially […]

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Real Estate Q & A: Property owners must share easement expenses

Posted by   /  February 16, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

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 […]

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Real Estate Q&A: Lender’s must release deeds of trust upon full payment

Posted by   /  February 9, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

Adam D. Martinez | Chairman of Real Estate Litigation Department Question:  Several years ago, we purchased a commercial building in Phoenix to open a medical practice. We financed the purchase with a loan and we gave the lender a deed of trust on the property as collateral for repayment of the loan. Recently, we paid […]

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Real Estate Q & A: Are property owners responsible for changes that result in flooding?

Posted by   /  January 31, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

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 […]

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Real Estate Q & A: Cities cannot stop homeowners’ short-term vacation rentals

Posted by   /  January 26, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  1 Comment

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 […]

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Real Estate Q & A: Can a landlocked property owner gain access?

Posted by   /  January 18, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

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 […]

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Real Estate Q&A: Leases are voidable by a non-signing spouse

Posted by   /  January 11, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

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 […]

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Real Estate Q & A: The mortgage debt relief act is dead, now what?

Posted by   /  January 3, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

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 […]

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Real Estate Q & A: Can I force my co-owner to sell a property?

Posted by   /  December 27, 2016  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

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 […]

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Real Estate Q & A: Why a trust doesn’t always avoid probate for real estate

Posted by   /  December 20, 2016  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

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 […]

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