Legal Corner - Oct. 7, 2015

Legal Corner - Oct. 7, 2015

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Question: "If I suspect my property line goes farther on each side, what can I do?"

Another way to frame the question is how is the best way to confirm or verify the boundaries to your property.  Generally, the best way to determine property boundaries is to hire a surveyor to survey the property.  The surveyor will draw a to-scale rendering of the property that will reveal the property's boundaries. It will help your surveyor if you furnish him or her in advance the following:  (1) your deed, (2) abstract (if you have one), (3) tax bill, and (4) any other information that pertains to your purchase or acquisition of your property.  Be forewarned - surveys cost money.  Expect to spend a minimum of $600.00.  Before spending the money on a survey, it may be a good idea to take a look at your legal description in your deed and see how it describes the property.  If the property is in an established subdivision, then there should be a subdivision plat filed in the clerk of court's office.  The plat will have the dimensions of the lot or lots in question.  The viewer should go to the Clerk's office, obtain a copy of the plat, learn the dimensions of the lots involved, and then try to roughly estimate where his or her boundaries are actually situated.  If the above process suggests that the viewer's suspicions are correct, then it would be worthwhile to hire the surveyor.  If the property is not in a subdivision, then the legal description will describe the property with various measurements and directions called "metes and bounds."   Some metes and bounds legal descriptions are simple to understand, and some are difficult to understand.  Again, assuming that the viewer can reasonably ascertain where his or her boundaries are situated from a metes and bounds legal description, he or she should do so and attempt to verify that it is worthwhile to spend money on hiring a surveyor.  If the viewer obtains a survey, and if the survey does indeed show that the property is larger than what the viewer is actually occupying, then he or she should then go the neighbor, explain the situation, and see if the neighbor will agree to recognize the correct boundaries.  If the neighbor refuses, the viewer will need to bring a law suit against the neighbor to establish the correct boundary.

Question: "What are the differences between an LLC and a revocable living trust?"

The two are very different things.  An LLC is a form of business organization.  Simply think of an LLC as being a business.  Its purpose is to conduct business for the benefit of its owners as it sees fit.  An LLC is easy to form and is not highly regulated.   On the other hand, a trust is a highly restrictive (and hard to create) management plan where a "Trustee" is given ownership and control over certain property and is then charged to manage that property, within the confines of a written plan (i.e. the "Trust"), for the benefit of another (i.e. the "Beneficiary").

Disclaimer: The information furnished in this answer is general and may not apply to some situations. All legal situations are unique. No one should rely to their detriment on these answers. Anyone with a potential legal problem should seek the advice of a licensed attorney before taking any action or inaction. The answers provided are not intended to be specific legal advice and no attorney client relationship is created between the SWLA Law Center and the viewers of KPLC TV.

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