Real Estate in San Diego County. San Diego is home to roughly one and a half million people. It is also one of the best real estate markets in the state and it was ranked the 10th hottest housing markets in the country by Zillow.
For over 50 years, Attorney Anthony Abbott has been assisting homeowners and businesses throughout San Marcos and the entire San Diego County with all of their real estate legal needs. From real estate fraud to closings, our real estate law firm is ready and willing to help you every step of the way. We know that real estate litigation can be costly and time-consuming. That’s why we work diligently to keep your real estate issues and disputes out of the courtroom, so you can resolve your issues quickly and efficiently.
lacks Law Dictionary defines a Survey as ^The process of which a parcel of land is measured and its boundaries and contents ascertained; also a map, plat or statement of the result of such survey, with the courses and distances and the quantity of the land. Black's Law Dictionary, 1445 (6thed. 1990).
If the shed is not moveable, the shed constitutes an objection to title and shall be cured by a written consent or release be obtained from the holder of the easement. If the shed was installed on July 8, 1998 or thereafter, the following analysis applies: . The shed does not constitute an objection to title.
As a result, a prescriptive easement must meet the requirements of open, adverse, and notorious use for ten (10) years.
A north arrow (with north to the top of the drawing when practicable), a legend of symbols and abbreviations, and a vicinity map showing the property in reference to nearby highway(s) or major street intersection(s). ii. Supplementary or detail diagrams when necessary.
2. The surveyor shall furnish a description based upon his survey whenever requested by the client, or whenever the description is at variance with the record title.
The description must begin with one of the following: (1) a known point (a monument such as a street, a man-made monument or marker, or a natural object such as ^a stone wall); (2) a certain course and distance . WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT SURVEY MAPS PAGE 13 OF 42 . from a monument.
For greater precision, each degree is divided into sixty minutes; and each minute into sixty seconds. The division of degrees into minutes and seconds of angle is analogous to the division of hours into minutes and seconds of time. WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT SURVEY MAPS PAGE 15 OF 42 .
When a person dies without a will, they are said to have died “intestate. ”. An intestate estate will typically go through the formal probate process, but there can be an important difference.
When a will is present, there will usually be a designated executor, who is responsible for initiating probate. If you are made an executor of someone’s will, here’s a quick snippet of how the probate process will go. You’ll find a probate attorney. They’ll represent you as you go through probate.
Joint tenancy with the right of survivorship, tenancy by the entirety, and community property with the right of survivorship are the types of joint ownership that allow your property to bypass the probate in real estate process entirely.
A probate attorney is your ally and will help you file documents with the court, collect money obtained from life insurance, solve issues with income taxes, and more. You’ll then file a petition with the local court office. This petition starts the probate process.
Keep reading for more information about probate in real estate and how you can navigate it with these 8 things you must know. 1. Probate is a legal process. Probate occurs when a will is reviewed and determined to be valid and authentic.
The number of heirs (as you need to notify all of the heirs before you start the process, it can take quite a bit of time to do this) Any contested issues of a will (you never know what issues may arise) If you’re dealing with a small estate, the probate process can take as little as 6 months.
In most cases, probate will only occur when there is not a surviving spouse. This is because all of their assets will typically be held jointly with rights of survivorship between the spouses. When the first spouse dies, the next spouse will obtain all the rights to the property.
Here’s how it works: You tell companies like Zillow or Opendoor about the house you want to sell. They buy it from you, pump some money into it to resell at a higher price, handle all the home processing stuff like inspections, repairs, and home showings, and then charge you pretty much the same as an agent commission for selling costs—plus, some of these companies include an additional service fee (icing on their cake). They promise less hassle, but it may mean less profit for you than working with a top-notch agent who could sell your home for more money.
To get the best offer for your home, work with an experienced real estate agent who really knows your local market. And be sure to wait for the right offer. Some buyers may try to gut punch you with a low number. If you aren’t in a hurry to move, wait for an offer that gives you the most profit.
Plus, don’t forget to consider homeowner’s association (HOA) fees when preparing your budget. Save at least a 10–20% down payment. A 20% or more down payment helps you avoid PMI—an extra fee added to your mortgage to protect your lender (not you) in case you don’t make payments.
What Lower Rates Mean for Sellers. If interest rates stay low, buyers will be more motivated to buy your home sooner than later. But if interest rates do start to increase later in the year, just plan for your house to be on the market a little longer.
Next up: home price trends. In the early months of 2021, home prices grew by nearly 20% compared to last year—rising to a national median of $300,000–400,000! 4 Sellers, this should put a big smile on your face! And hang tight, buyers—we have some advice for you too.
Low inventory means you need to be on your toes when you go house hunting —the best homes will likely be snatched up fast. At the start of spring 2021, most homes sold around 20 days faster compared to the past several springs. 3 That doesn’t leave much time to hem and haw over your home search.
Another risky buying option to avoid is taking out a personal loan to fund a down payment. Purchasing a home with no money down is never a good idea. Remember, you want at least a 10–20% down payment.
Option contracts are legal documents that grant a buyer or investor the option to purchase real estate from a seller.
To ensure it’s a valid and binding contract, here’s what you should include when drafting an option to buy agreement:
A common example of how option contracts work in real estate is in development.
As with any niche area of real estate, key terms are essential to understanding the contract and how they work.
Both real estate investors and developers use real estate option contracts.
Yes, a real estate option contract must be in writing so that they comply with the Statute of Frauds (SOF).
Using an option contract allows a buyer to put a property “on hold” for a certain period without the fear of losing it.