What Are My Legal Rights If My Neighbor’s Actions (Like Noise, Fences, Disputes, Encroachments) Are Affecting My Property?
Video Summary
What are my legal rights if my neighbor’s actions like noise fence disputes, encroachments are affecting my property? Well, let’s start with noise. If there is a problem with your neighbor having noise or affecting your peace and tranquility for actions which they take on their property, then you have to file an action for a nuisance and ask the court to enter an injunction against them to enjoin them from that activity. It’s usually costly and to get that done, unfortunately, and then you have to have a lot of facts to back it up. And then once you get the injunction, having the injunction enforced is more problematic, and then also expensive as far as encroachments on your property such as fences, things such as that. Well then you file what they call an adjustment action wherein you’re asking the court to direct the people to remove the encroachment from your property. And so that’s a separate cause of action as far as requiring them to remove their encroachments on your property. So, if you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
What Estate Planning Steps Should I Take If I Own Multiple Properties or Out-Of-State Property?
Video Summary
What estate planning steps should I take if I own multiple properties or out of state property? Well, assuming the purpose of your estate planning is to try and avoid probate, you can set up a Trust and convey the property to your Trustee, and then it will be controlled by the provisions of your trust. Another way that we’ve done it, if you just have Florida property and you want the property go to certain beneficiaries outright, you can execute what they call a Lady Bird Deed, which is an enhanced Life Estate Deed, or you convey the property to the beneficiary, but reserve all the rights of ownership during your lifetime so that you can sell it and don’t need the joiner of the person who you conveyed it to. So those are some of the ways or the way you can do that if you convey the property to the Trustee of your Trust for out-of-state property. Well, your Trust should control the sale of that, so there is certain provisions you’d like. I suggest you put in deeds, particularly if you transfer it into a trust, particularly as far as your homestead is concerned, so that you can continue to get homestead exemption and also certain powers that you put in there so that you don’t have to disclose or publish it portions of your Trust which authorize you as Trustee to sell the property. So, if you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Videos
If My Neighbor’s Construction Damages My Property, Who Is Responsible — The Neighbor, Their Contractor, Or Both?
Video Summary
If my neighbor’s construction damages my property, who is responsible? The neighbor, their contractor, or both? I suggest that you sue both and that the contractor is the agent for the homeowner or your property owner that’s next door, and you would be able to sue both of them since the contractor, the one that was negligent and did the damage or trespassed on your property as far as doing damage to it, and the owner is the one that hired him and is responsible for his actions. You can see this from time to time whenever you have a pool contractor and he needs to come across your property, they should get an easement or whatever and also be a good neighbor or a good contractor and repair any damage that they do, but you can sue both the owner and the contractor the same time for whatever your damages are. So, if you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Videos
How Do I Make Sure All My Assets (Real Estate, Bank Accounts, Investments) Are Properly Transferred into the Trust?
Video Summary
How do I make sure all my assets, real estate, bank accounts, investments are properly transferred into the trust? It’s a common mistake to not fund the trust are improperly fund a trust by simply referring to the trust document as the Roland d Waller Trust dated July the fourth, 2025, and that that’s not the way you titled the assets. You need to title ’em in the name of the trustee, such as Roland D Waller as the trustee of the Roland d Waller Trust dated July the fourth, 2025. And that is for bank accounts and for real estate as how you need to title those assets. And the big thing is to make sure that you know all the assets that you have so that we can properly have them transferred or give you direction on what to do and keeping track of it. Sometimes there’s a problem whenever you’re dealing with a certificate’s deposit that mature well, then you wind up not continuing with it or the maintenance is showing that they are for your name as trustee under your trust rather than putting them in your individual name. So, it’s a question of, first off is identifying all your assets and then working at having them titled in the name of your trustee, which is usually yourself as far as your revocable trust is concerned, and identifying you as the trustee, trustee, and then your trust and the date. If you have any questions, give me a call at (727) 847-2288.
How Can I Legally Require My Neighbor to Move a Fence, Structure, Or Landscaping That Crosses onto My Land?
Video Summary
How can I legally require my neighbor to move a fence, structure or landscaping that crosses onto my land? You can file an action for Ejectment to require asking the court to order them to remove these encroachments on your property. It’s a mandatory injunction, and so they would be given a specified period of time to do that. Usually that’s expensive and sometimes I suggest that you try doing that by self-help. So, letting the neighbor know that if they don’t move the encroachment that you will do so since it’s on your property and lay the fence on their side of the property line. So, if you have any questions concerning this, give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos