We usually think of an uninvited guest on someone’s private property to be a trespasser. Trespassers don’t have rights, so why should an unwelcome guest who is living there have them? Under common law, an individual may acquire valid title to land that does not belong...
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Year: 2021
When boundary disputes threaten neighborly coexistence
On Behalf of Tunnell & Raysor, P.A. | Dec 3, 2021 | Residential Real Estate
Boundary disputes are often a source of stress that can go on for many years between neighbors, or even cause property owners to move away. Property lines may not be clear, and the property description or plat map inaccurate. But problems with boundary lines may never...
When is eviction necessary?
On Behalf of Tunnell & Raysor, P.A. | Nov 17, 2021 | Landlord/Tenant Matters
As a landlord, knowing when the law is on your side can be challenging, especially as eviction moratoriums made it illegal to remove or cause the removal of a tenant for nonpayment of rent. Landlords in Delaware and elsewhere have mortgages to pay or repairs to make...
Is constructive eviction an effective way to break a lease?
On Behalf of Tunnell & Raysor, P.A. | Oct 29, 2021 | Landlord/Tenant Matters
In landlord-tenant law, there are rights and obligations that each party entering into a lease agreement owe to the other as governed by state and common laws and outlined in the lease agreement. The landlord has a duty to maintain the property and common areas, keep...
Options now that the federal eviction moratorium is lifted
On Behalf of Tunnell & Raysor, P.A. | Oct 22, 2021 | Mortgages
Since 2020, many people in Georgetown had problems paying their rent. The federal government stepped in and imposed an eviction moratorium allowing renters to avoid eviction even if they have not paid what they owe to their landlords. The moratorium may have been...
Quiet title action: basics and when it is used
On Behalf of Tunnell & Raysor, P.A. | Oct 14, 2021 | Real Estate Transactions
Acquiring property is a momentous occasion. It represents a new stage in a person’s life; and it has the potential to serve as a conduit of wealth for future generations. However, the mood can quickly sour if someone else claims title to the property. When most people...
The open market isn’t always the best option for real estate
On Behalf of Tunnell & Raysor, P.A. | Oct 4, 2021 | Real Estate Transactions
When people buy a home or a commercial building on the open market, there is an expectation that most of the legal work will be done by someone else. The purchase agreement may be a standard form provided by the realtor, and the bank will usually handle the loan...
What should be included in a lease
On Behalf of Tunnell & Raysor, P.A. | Sep 21, 2021 | Landlord/Tenant Matters
It is important that landlords and tenants are protected and leases can help ensure that. For landlords to be properly protected, there are several terms that should be included in a lease and landlords should know what those terms are when they are negotiating a...
Negotiating an easement with your neighbor can be a challenge
On Behalf of Tunnell & Raysor, P.A. | Sep 2, 2021 | Real Estate Transactions
Many property owners in Delaware would like to obtain an easement on a neighbor’s property so they can legally use of a portion of the property for their own purposes. Most easements are affirmative, meaning that they allow the easement holder to do something. An...
What is the purpose of zoning laws?
On Behalf of Tunnell & Raysor, P.A. | Aug 17, 2021 | Land Use And Zoning
Zoning laws play an important role in most communities, however, they also play an important role in property rights of many property owners. For that reason, buyers and sellers of property should be familiar with the impact of zoning laws on their property rights and...