I just finished probation for a misdemeanor larceny and possession of stolen goods charge. Is there any way I can get my records sealed in N...

Question

I just finished probation for a misdemeanor larceny and possession of stolen goods charge. Is there any way I can get my records sealed in NC so it doesn't mess up school and starting my career after graduation.

Answer

No, not unless you were a juvenile. You may be eligible for an Expungment but it is of limited value. Any job or school worth their salt will specifically inquire about Expungments so you might end up going through all the trouble and expense of the Expungment and still have to disclose the matters anyway.

My brother is having $100, he earned working, withheld as a "deposit". Should he quit without a weeks notice he never gets the money. He wor...

Question

My brother is having $100, he earned working, withheld as a "deposit". Should he quit without a weeks notice he never gets the money. He works in a grocery store in Illinois. Can an employer do this?

Additionally the employer has my brother and other employees under 18 working on slicing machines.

Thanks for any advice.

Answer

No, the deposit is absolutely not legal. File a claim with the department of labor to get the money. If your employer then fires the brother, he could have a wrongful termination lawsuit.

The fact that he has employees under 18 working on slicing machines is probably some sort of OSHA violation or other regulation. You could reach out to them to report it.

How long can you be held for interrogation before charged or released?

Question

How long can you be held for interrogation before charged or released?

Answer

2 days, IF you are not deemed a terrorist

I am currently renting an apartment with 4 other people. I did not sign any type of papers nor did I sign the contract. Also I was never no...

Question

I am currently renting an apartment with 4 other people. I did not sign any type of papers nor did I sign the contract. Also I was never notified of what was on the contract besides the fact that it was for one year. Now that i'm planning to move out before the one year due to a personal situation, I asked the member who signed the contract, if I was able to speak to the landlord about a question I had on my deposit. I was told that the landlord wishes to not have his contact info given out to anyone that he doesn't know include myself, but I am renting his place and cannot contact him in anyway. The member on the contract never spoke of the contract with anyone until now when I asked to speak to the landlord about moving out so with that said I was not able to contact him myself. From me, all I wanted to know was if I was able to use my part of the deposit to pay for the last month that I am here since I know that in some cases people can. but I was told by the member that based on the contract, I am her tenant which I still have to follow the contract but I was never notify of what was on the contract nor have i seen the contract and never signed any papers. Then she told me that if I dont find a replacement for myself, I will still be accountable for paying all the other months until the contract is over even if I am not living there. What are the legal laws in this situation that I am in when i never signed a contract or see it. Will I be accountable for paying the months that I won't be living there until the contract is over?

Answer

How can you be responsible for a contract that you have never seen nor have signed? Tell that roommate of yours that you need a copy of this so called contract. If you are not given the contract make the request in writing giving 5 days to receive. If yout still do not get it then there is no contract. Hence you cannot be required to pay for the balance of the alleged term. You are simply a month to month tenant.

My mother inherited a piece of property (land and house) over 10 years ago. The house is vacant and being used to store personal items. Next...

Question

My mother inherited a piece of property (land and house) over 10 years ago. The house is vacant and being used to store personal items. Next door to this property is a church. I thought that I read where a Church has significant power in the State of Texas and can force a property owner to sell them their property, if the property is not being used. I.e. Rented, etc. All taxes are paid on time annually. Can the neighboring Church force the sale of this property? What would she have to do to prohibit a forced sale, if that law does exist as law?

Answer

The church cannot force the sale of the property.

my daughter just bought a time share in vegas (VILLAGE GRAND RESORT )do you know how many days she has to cancel it // she has a bad job and...

Question

my daughter just bought a time share in vegas (VILLAGE GRAND RESORT )

do you know how many days she has to cancel it // she has a bad job and it going to be way over her head more then what she can really afford she not married

Answer

With no delay, your child should seek counsel of an attorney licensed in the applicable state (attorneys are licensed state by state). Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Real Estate Attorney, http://dwyerlawfirm.net

I bought a house in 2006 and at the last moment during signing I was told that there was a minor encroachment issue with my neighbors. It w...

Question

I bought a house in 2006 and at the last moment during signing I was told that there was a minor encroachment issue with my neighbors. It was just a small triangle strip of land appox 237 sq ft. Part of my neighbors car port encroached on this strip about a foot or so. It was no big deal to me and did not want to spend the time and money on fixing the issue legally or forcing them to purchase the land.

Since then the house has been sold and the new neighbors were not told either until later about the encroachment. They are very nice people and initially offered to purchase the land but have found out that the cost to do so far exceeds what the land is worth. So through legal council they have written up an "Encroachment Easement Agreement" see below. A similar agreement was drawn up from both of the previous land owners in the 90's.

What is your opinion on this option and will this protect me for any other sales in the future?

Encroachment Easement Agreement

The State of Texas

County of Burnet

The owners (-) of Lot 276 located at 106 Loma Vista Drive and the owner (-) of Lot 275 located at 102 Loma Vista Drive in the Silver Creek Village subdivision on Lake Buchanan, Burnet, TX 78611 mutually agree to file on record in Burnet County the following Encroachment Easement Agreement:

The survey (by Cuplin Associates, April 2, 2014) for the properties of the owners of 106 Loma Vista Drive, Burnet, TX 78611 shows a minor encroachment by a corner of the carport at 106 Loma Vista Dr. Lot 276 into the property of David Yancey, owner of lot 275.

We have reviewed the survey and the past agreement (POA minutes of Feb. 4, 1991) by the previous owners (Swopes and Eveleths) to allow the encroachment (agreement was prior to construction in 1992 of the carport that encroaches) and we agree to continue to allow this encroachment with the following understanding: the agreement does not affect the title to properties involved. In this permissive easement agreement, ownership of properties stays the same as for boundaries currently drawn, with the allowance of the minor encroachment by a corner of the carport structure on lot 276 into lot 275. If the carport is taken down, this easement agreement no longer applies. Note further that both parties agree that the retaining wall on the west side of Lot 275 is owned by the property owner of Lot 275 because it is located entirely within the boundary lines of Lot 275.

Also, my neighbors have been there for a little over a year and offered to pay me $100 in compensation for this time. Which brings up a question, do I have the right to demand any sort of monthly or annual payment to use the land such a Land Lease?

Thank you.

Answer

You are not getting full use of your land. They are getting all of theirs and then some. Yes the title company should have caught it when they bought it. They may be able to file a claim on the title insurance that they bought. Now the question is do you charge for the easement, you could. How much? That is your decision. It's your land.