Q: Real estate agent:email hacked, hacker sends the morning of the closure to wrong wiring advice before I can call.Am I at fault? Florida broker.
Attorney Replies Richard Paul Zaretsky
A: You are definitely on the short end of the stick that is incorrect - See this link for an article I wrote just on this particular scenario - where your email was infiltrated with a malware that took control of your email. See this link: YOUR EMAIL IS BEING VIEWED = YOUR CUSTOMERS VICTIMIZED : THE HACK STORY - actvra.in/4Ph6 (you'll probably need to type this into your address line in your pc.) The aforementioned link is an article that has been replicated in some Realtor newsletters and also the Property Council magazine of The Fund. As for indebtedness, you have to inform your broker, inform your liability insurance company (since this is an issue probably together with your personal email, you need to inform both your homeowner's insurance along with your professional liability insurance underwriters). I guess the banks for the buyer (who sent the money to the counterfeit wire instructions) was advised. It could possibly be that the wire can be recalled by them. Also, the burglar in these scenarios is normally notoriously haphazard plus they do not cross their "t's" and scatter their "i's" - so the cable may in fact not have successfully gone through. There may even be liability of the party that has been to have the capital - for them not correctly safeguarding the wire directions - if it absolutely was their e-mail that was endangered. Start with the bank, as it's time sensitive. Then the broker and insurance carriers. And best of luck.
Q: Can my neighbor who purchased the private road on which I reside, and which is the only real access to my house, restrict my access?I live on a triple dead end and own 4 contiguous houses in the neighborhood while my neighbor's extended family possesses 7 contiguous dwellings, 2 of which were built in the twenty years since we purchased our home from his cousin and the other 3 from his uncle. He bought the private road which goes only to my houses(and ends facing my house) from the same uncle and today needs to trade it for a big piece of our original multi-acre parcel so he can construct another house. From what little I recall of real estate law from law school, I have told my husband the neighbor cannot impair the sole access to our property and so we do not need to own the road, especially as we neither need to give up any land nor encourage another house in our modest neighborhood. I feel this is blackmail that is borderline. Thank you.
Attorney Response Tristan Kenyon Schultz
A: Your recollection is right. Being the law, there are always complexities, but the dominant (original) estate and its own successors cannot confine or prevent entry to a past authorized servient estate when the sole way of access is via the dominant estate. Going out of English common law, you very likely have a "right of way" easement. In case the easement is recorded you've a simple case (in your benefit). In the event the easement is just not recorded, you may have to prove the importance and existence of the easement (from your facts this should not be extremely challenging).