BERYS LAW | Business, Real Estate, Wills/Trusts

Easements are legal rights that grant someone the use of another person's property for a specific purpose. While these serve as tools for property owners and neighboring parties, disputes can arise when there is disagreement over the scope, terms, or existence of an easement. 

In this article, we’ll discuss easement disputes, and shed some light on common issues and legal considerations.

Defining Easements

An easement is a legal interest in land that allows a person (known as the "easement holder") to use another person's property for a particular purpose. 

Easements can take various forms, such as rights of way for access, utility easements for service installations, or drainage easements for water flow. The creation and scope of easements are typically documented in legal agreements or property deeds.

The Common Causes of Easement Disputes

• Ambiguous Easement Language: Disputes may arise when the language in the easement document is unclear or ambiguous. This can lead to diffe...

Real estate transactions are often complex. They involve different legal aspects that you should carefully consider, such as the Quiet Title Action. It’s a legal process that establishes or confirms ownership of a property and to “quiet” challenges or disputes that arise regarding the title. 

Its goal is to resolve issues, such as ownership claims, unclear chains of title, and unresolved liens. In this article, we will explore what a Quiet Title Action entails, the circumstances under which it is needed, and how it can help resolve property title issues.Keep reading. 

When Is a Quiet Title Action Needed?

Several scenarios may necessitate the filing of a Quiet Title Action:

Title Defects or Clouds

When there are defects or clouds on the title, such as unresolved liens, conflicting claims, or missing information in the chain of title, a Quiet Title Action can help rectify these issues.

Adverse Possession Claims

If someone has adversely possessed the property, meaning they have ope...

Short-term rental platforms, such as Airbnb and VRBO, have changed the way individuals travel and seek accommodation. While the short-term rental industry offers lucrative opportunities for property owners, they still need to be careful of potential pitfalls. 

This article explores some important legal considerations for those venturing into short-term rentals.

Local Zoning and Regulations

One of the first legal considerations for short-term rentals is local zoning ordinances and regulations. Zoning laws vary widely, and some areas may have restrictions or outright bans on short-term rentals. Property owners must research and comply with these regulations to avoid legal consequences, including fines and cease-and-desist orders.

Some municipalities have specific zoning categories for short-term rentals, whereas others may require special permits. For this reason, property owners should consult with local authorities or legal professionals to ensure full compliance with these regulat...

When entering into a residential lease agreement, tenants are not merely securing a physical space — they are also gaining certain rights and assurances that affect their quality of life. 

One important element of these rights is known as "quiet enjoyment." This term, often seen in lease agreements, goes beyond the literal interpretation of silence and encompasses a range of conditions that foster a peaceful and undisturbed living environment for tenants. 

Here, we will explore the concept of quiet enjoyment, what it entails, and how it can impact the landlord-tenant relationship.

Defining Quiet Enjoyment

Quiet enjoyment, in the context of a lease agreement, refers to the tenant's right to use and enjoy the leased premises without interference or disturbance from the landlord, other tenants, or external factors. It encompasses more than just noise control; it extends to the tranquility, privacy, and comfort that a tenant can reasonably expect while residing in the rented property.

While being a landlord can be a rewarding venture, challenges can arise when it comes to dealing with problematic tenants. In some cases, landlords may find themselves faced with the need to navigate the eviction process. 

Understanding the legal steps involved and having a clear strategy help protect your property and uphold your rights as a landlord. Below, we’re going to explore the ways landlords can effectively navigate the eviction process.

Know Your Lease Agreement

Before initiating the eviction process, it's important to thoroughly review the lease agreement you have with your tenant. Make sure that you are well-versed in the terms and conditions outlined in the lease, including any clauses related to breaches of contract, non-payment of rent, or other violations.

Document Everything

Successful eviction cases often hinge on thorough documentation. Keep detailed records of all communication with the tenant, including emails, letters, and notices served. Document any instanc...

Property ownership is a cornerstone of stability and security, but it is not without its challenges. One common issue that homeowners may encounter is property boundary disputes. 

These conflicts can arise for various reasons, such as unclear property lines, changes in land use, or disagreements between neighbors. Understanding the legal aspects of property boundaries will help in resolving disputes and maintaining harmonious relationships within communities.

Here’s what you need to know. 

The Source of Boundary Disputes

Property boundary disputes often stem from unclear or poorly defined property lines. In some cases, these lines may not be accurately documented. This can lead to confusion about the extent of each owner's land.

Changes in land use or property development can also trigger disputes, as neighbors may have different opinions about how such changes impact their properties. Moreover, disagreements may arise when individuals inherit or purchase property without a clear ...

An unlawful detainer is a legal term that strikes fear into the hearts of homeowners and tenants alike. 

In essence, it refers to a legal action initiated by a landlord to regain possession of a property when a tenant refuses to vacate despite the expiration of their lease or rental agreement. 

Facing an unlawful detainer can be a daunting and stressful experience, but knowing your rights and understanding the proper steps to take can empower you to defend yourself and your home. 

In this guide, we will explore effective strategies to shield yourself from an unlawful detainer and navigate the legal process with confidence.

Understanding Your Rights

The first step in defending yourself from an unlawful detainer is understanding your rights as a tenant. Familiarize yourself with local landlord-tenant laws, lease agreements, and any renter protections that may apply in your jurisdiction. 

Knowing your rights is a must in building a strong defense and ensuring that you are not unfair...

Selecting the right tenant is a huge aspect of successful property management. A thorough tenant screening process not only helps protect your property but also promotes a positive landlord-tenant relationship. 

To achieve this, you’ll need to conduct tenant screenings fairly and consistently. Here, we’re going to outline steps to help you screen tenants fairly for your rental properties.

Establish Clear Criteria

Start by defining specific criteria that potential tenants must meet. This may include a minimum credit score, a certain income threshold, rental history, and references. By establishing clear requirements, you create a transparent process that applies to all applicants.

Use a Standardized Application Form

Provide each applicant with the same standardized application form. This helps with uniformity and prevents any appearance of discrimination or bias. The form should request information on the following: employment history, rental history, personal references, and finan...

Emotional support animals (ESAs) play a vital role in providing comfort and assistance to individuals dealing with mental health challenges. While they are not considered service animals under the law, ESAs are protected by certain regulations, including the Fair Housing Act (FHA). 

This raises an important question for landlords: Can they limit the number of emotional support animals in their rental property? This article explores the legal framework surrounding this issue and provides guidance for both landlords and tenants.

Fair Housing Act and Emotional Support Animals

The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability. Under the FHA, landlords are required to make reasonable accommodations for individuals with disabilities, which includes allowing them to have emotional support animals, regardless of any pet policies in place.

Number of ESAs: Reasonable Accom...

The age-old question of who bears the responsibility for pest control in a rental property is a common source of disputes between landlords and tenants. Pests can be a nuisance and a health hazard, making it important to address this issue promptly. 

However, determining the party responsible for pest control largely depends on the circumstances and local laws. 

Lease Agreements and Local Laws

The first place to look when determining pest control responsibility is the lease agreement. Some leases explicitly state whether the landlord or tenant is responsible for pest control. Both parties need to thoroughly read and understand the terms of the lease before signing it.

In some regions, there are specific laws and regulations governing pest control responsibilities in rental properties. For instance, certain states in the U.S. have laws that outline who is responsible for dealing with pests. That said, tenants and landlords should familiarize themselves with the local laws in their a...