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What To Ask When Looking At Potential Homes

Buying a house can be an intimidating and overwhelming experience. Here are some key questions to ask yourself and sellers before plopping down a down payment. Let me help you with my FREE homebuyer's class! Call me today! Laura Key 310.866.8422

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Buying a house can be an intimidating and overwhelming experience. Here are some key questions to ask yourself and sellers before plopping down a down payment.

What To Ask When Looking At Potential Homes

Following is a list of general questions you should always ask when considering making a real estate purchase. Keep in mind, however, you are unique.

You have particular dislikes and likes as well as factors in your life that are different than other people. The point I am trying to make is that you shouldn’t stick to just these questions. You are making an important choice, so give some thought to your situation.

1. Don’t rush into things. The first question to ask should be directed at yourself. What type of home do you want? How big should it be? What amenities do you want? Are you planning for a family in the next three to five years and will the home be able to accommodate a new bundle of joy? Make a definitive list and stick to it. If you stray from it, you could end up with a house that doesn’t really fit you and suffer buyer’s remorse.

2. The next question is what area do you want to live in? Pick a few. You may find the prices to be excessive or the selection not so hot, but make sure you exhaust those areas before moving on. Again, you want to avoid buyer’s remorse.

3. Once you start looking at homes, a key question to ask is how long the house has been on the market. The amount of time will give you an idea of how flexible the owner is on price. If the house has been on the market for a month, the owner isn’t going to be very flexible. If it has been on the market for six months, flexibility will definitely exist.

4. Has the house previously been in escrow, but fell out? If so, find out why? Was it a problem with the buyer getting financing or did the buyer find out there was something wrong with the home?

5. What kind of condition is the house in and how old is it? Remember that a seller has typically done everything reasonably possible to spruce up the home. If you can see wear and tear on the house, it may be a red flag. In such a situation, you need to get a home inspection to make sure there aren’t problems in areas you can’t see such as mold, rust and water leaks.

6. If you have children or are planning on it, you must investigate the school district. Are the schools good? Are there gangs or crime in the area?

7. In addition to the home price, you should ask whether there are any additional fees such association fees.

8. What are the property taxes and what will they be when you buy? Many people are shocked to find out how much they have to kick out in property taxes. Don’t get surprised.

9. Zoning and easement issues are often overlooked when buying a home. If you are buying in a neighborhood with many homes, zoning is undoubtedly going to be for residential living. Easements, however, can be nasty surprises. Find out if there are any easements on the property. An easement gives a third party the right to use of part of the property. This can include giving the neighbor the right to do something or a utility company to place structures on your prospective property.

10. Noise is another big issue to consider. If you are serious about the property, make sure to drive buy on weekdays and weekends. If the property shares a wall with another residence, such as a duplex or condo, make sure you view it while the neighbors are home to get an idea of how loud it is.

11. In the euphoria of buying a property, practical issues can be missed. A big one is traffic. Specifically, what is the commute like between the house and your place of work? You don’t want to buy the house only to find out it takes three hours to get to and from work each day.

Obviously, you should be asking many additional questions before making a purchase. These 11 questions, however, will help you get started. Call me to schedule a time to discuss the homebuying process in more detail. Don’t forget to look into fun things to do in the area to make sure it’s where you want to live!I care about my clients and educating them is a priority! Laura Key 310.866.8422 or email me at Laura.A.Key@gmail.com

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Definition of Prescriptive Easement

Call me if you have some questions about a Prescriptive Easement! I have a team that can help you if you have concerns! Laura Key 310.866.8422

easement

A prescriptive easement creates a right to use another's land for a specific purpose.  The easement is created by  making use of the land without owner permission for a period of time specified by statute.  Interference with a prescriptive easement gives the easement holder cause to bring suit.

Easement in General An easement creates a right to use land that is possessed by another for a specific purpose. One parcel of land, the "dominant tenement," enjoys the benefit of the easement, while the "servient tenement" is the land being used for the easement purpose. Once an easement is validly created, even if not used, it is presumed to be perpetual.

Prescriptive Easement A prescriptive easement is acquired when the servient tenement is used for a specific purpose, for some time without the permission of the owner. Through the continuous use and the owner's failure to stop it, the dominant tenement can acquire the right to use the servient tenement property indefinitely.  A prescriptive easement is a type of easement appurtenant, meaning that the holder receives physical use or enjoyment of the property. All who may succeed to title of the dominant tenement will be entitled to the prescriptive easement; the easement need not be mentioned in the conveyance or deed in order to be operative.

Elements Speaking generally, for legal elements are usually required: adverse use (use of the servient property without permission of the owner); open and notorious use (with no attempt at concealment); continuous use for the entire statutory period (required statutory periods vary among states, but the minimum is five years); and hostility, meaning that hte easement user knowes he has no right to use the property.  However, individual state' easement laws may display variations, and those with easement issues should consult a legal professional.

Exclusive Use Jurisdictions are split on weather a prescriptive easement requires that adverse  use of the property be exclusive in order to fulfill the legal element. A minority of jurisdictions will not allow a prescriptive easement if other parties besides the dominant tenement have also been using the servient tenement adversely for the same use. However, most do not require exclusive use, only that the dominant tenement's right to adversely use the easement "does not depend on a like right in others".  In other words, the dominant tenement may still get the prescriptive easement even if the owner or others are also using the tenement in a similar manner.

Termination of Easement As an owner may prevent establishment of a prescriptive easement by effectively ending the dominant tenements adverse use; this can be accomplished by bring suit or physically ejecting the easement user from the property.  Easements can also be terminated in several ways; the easement holder can release the servient tenement from the easement; the dominant and servient tenement can merge ownership; or the servient tenement can be condemned.  The servient tenement may also invalidate the easement by a sort of "reverse prescription," if the servient tenement uses the easement for a long time and the easement holder "sleeps on his rights."

Source: http://www.ehow.com/about_6501555_definition-prescriptive-easement.html

 

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