Location: Hawaii
Submitted 11/18/11 07:41 PM

Q. My wife, along with 4 other persons, have their names on a deed to a property. My wife has been paying the taxes on this property basically with no help from the other 4 persons for about the past 7 years. She wants to build a house on this property. Can she do this without permission from the other 4 persons named on the deed? These 4 other persons would rather sell the property. They all receive part of the land tax bill, but they never pay their share. My wife covers all of it to hang on to this property. Does she have any rights, like to build a house on this property?

 

Answer #1
Submitted 05/24/12 07:47 AM
Bruce Hicks, CRS- Your Friend/Helper for Lifetime! 808.9551577 (Best Homes Hawaii): Real Estate Agent in Honolulu, HI Bruce Hicks, CRS- Your Friend/Helper for Lifetime! 808.9551577 (Best Homes Hawaii)
Real Estate Agent
Honolulu, HI

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A.

Looks like no one answered your question.  There are a lot of unknowns in this picture. One is 'does anyone have a power of atorney from the other owners?'.  At first glance, you will not be able to get a building permit without every owner signing off, you will not be able to get a loan without all owners co-signing.  Best advice: seek legal counsel, talk to an attorney.

Answer #2
Submitted 05/28/12 03:55 PM
Lila Marino-Camacho, RA - Windward Oahu (Kailua-Kaneohe) & Relocation S (Coldwell Banker Pacific Properties): Real Estate Agent in Kailua, HI Lila Marino-Camacho, RA - Windward Oahu (Kailua-Kaneohe) & Relocation S (Coldwell Banker Pacific Properties)
Real Estate Agent
Kailua, HI

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A.

As mentioned in the previous answer, I would certainly seek legal counsel to be advised correctly.

It sounds like you are the only one that really wants this property long term, so you may want to look into buying out the others in order to move forward with your goals to build.

I would be happy to speak with you further on this matter and if its in Hawaii, I can refer you to a local real estate attorney if you would like.

Mahalo, 

Lila Marino-Camacho (RA)

Cellular: 808 341.6034

Email: Lilamc315@hawaii.rr.com

www.KailuaRealEstateOahu.com

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