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Can the court force the sale of property to contaminator?

Updated: 8/16/2019
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15y ago

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If the plaintiff (government or private individual) is successful in a lawsuit a company can be found responsible for causing the contamination of land. The court can force the contaminator to clean up the contamination and can award damages to the owner of the land that was contaminated. The plaintiff could make transfer of title to the defendant a part of the suit. You should seek the advice of an attorney who specializes in this area of law to discuss your particular case.

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Q: Can the court force the sale of property to contaminator?
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When a court order to force the sale of real estate to pay a judgment is called?

A court order to force the sale of real estate to pay a judgment is typically referred to as a "judicial sale" or "sheriff's sale." This process allows for the property to be sold in order to satisfy the outstanding judgment that the owner owes.


Can siblings force the sale of inherited property in Florida?

Siblings can force the sale of inherited property in Florida. All siblings must agree or the property will have to be sold and split up, as long as each of them are on the property's name and/or will.


Can siblings force a sale of inherited property in Indiana?

It depends on how the estate was distributed. If the property was left to a specific person, no, they cannot force the sale. If it is part of the estate in general, they can force the sale or require the person who wants it to pay them for their share.


Can a joint tenant force sale of the property?

Yes, land owned by tenants in common can be sold by a court decree through a partition proceeding in a court of equity. However, the costs will be deducted from the proceeds of the sale before they are equally divided between the co-owners. A partition proceeding can be costly. The issue should be discussed with the other tenant in common first. It may be cheaper for them to buy out the interest of the co-owner who wants to sell.


Can you petition to force the sale of a property if you own one third interest?

Yes. You can Petition to Partition the property in a court of equity. If allowed, the court would then appoint a commissioner who, if dividing the property is not feasible, will market and sell the property. The net proceeds, after legal expenses, will be equally divided among the tenants in common.


Can one owner force 2 others to sell house?

Maybe. Such issues generally end up with the parties who wish to sell the property filing a suit in circuit court to have the property partitioned. The judge decides whether or not the property in question is subject to a forced sale under the existing laws of the state where the property is located.


Do all heirs have to agree to the sale of property when there is no will?

Yes, all heirs typically need to agree to the sale of property when there is no will. Each heir has a legal right to inherit a portion of the property, so their consent is usually required for any decision regarding the sale of the property. If an agreement cannot be reached, a court may need to be involved to determine the outcome.


Which court has the jurisdiction of the contract of delivery of any property?

The state circuit civil court of the jurisdiction in which the sale takes place.


How do you put a lien on a property that is for sale or how do i get a court order for the money the realtor owe's?

You need either a court order or a contract that allows you to place a lien on the property. Then you file it with the country clerk against the property.


What is a judicial sale of your assets?

It is the sale of goods and/or property owned by the judgment debtor. The sale is conducted by an officer of the court (usually a sheriff) to satisfy a creditor judgment or in conjunction with some other type of court order.


Can a beneficiary demand buyout from inheritance My sister is wanting to be bought out from estate can she force sale if I am 2 3 owner and she is 1 3 owner?

I take it you are talking about an interest in real estate. Neither one of you has the right to force the other to do a buy-out, regardless of the relative percentages of ownership. However, each owner has the right to take the matter into court in what is known as a partition action. The court will not "partition" the property physically but it can force you both to sell the property either through a private bidding process (bidding just between you two), or a public bid (bidding open to outsiders as well). The court will partition the proceeds of the sale in the appropriate percentages. It comes down to who wants the property more.


What conditions must be met in order for a court to order a forced sale of jointly owned property?

C. The applied force must make the object move. D. At least part of the applied force must be in the same direction as the movement of the object.