Answered

Deeds and Ownership

Parent Category: Property Law
Ownership of real property is one of the most valuable legal rights. The method of documenting and transferring this ownership gives rise to the questions in this category.
An action to quiet title is a lawsuit filed to establish ownershipof real property (land and buildings affixed to land). Theplaintiff in a quiet title action seeks a court order that preventsthe respondent from making any subsequent claim to the property.Quiet title actions are necessary because...
It is your responsibility to follow through and make sure yourpayment is accepted. If you have a lien against your home, a judgehas determined that you owe a debt that needs to be satisfied. Youcould hire an attorney to help you fight this situation.
b:post-16189886I think it is two years that the ATO thinks isreasonable. If it is sold after two years there is CGTimplications.You normally shouldn't be paying the rates etc, itshould be the estate doing this. As the house is still owned by theestate. If it has actually changed titleO
If you can locate the owner of the easement, and that person iswilling to release their rights to the easement, the process isfairly simple. The easement owner would need to sign a "release ofeasement" in the presence of a notary public, and the release wouldneed to be recorded in the county where...
You can search Through Home Address.
Yes you can, but which means He must have done something wrong.
Just above the line that should either say your name or the word"Grantor"
If lending money, it is through use of a Deed of Trust. If asubcontractor, there is a procedure for filing a Mechanics &Materialman's Lien.
Still a family farm, despite the size. Here's a fascinatingstatistic that most don't realize: According to the EPA, 87% of allfarms are individually or family-owned and operated. Corporatefarms make up 4% of those farms, and only 1% of such corporatefarms are solely owned and operated by other...
Home ownership is shown by Deed, which you should have receivedwhen you obtained the property and which should be filed with theCounty Clerk.
A joint tenancy protects the property from inheritance by other heirs at law but is not a way to protect property from creditors . The nursing home may be able to place a lien on the property and take your father's half interest. You would need to pay off the lien if you wanted to keep his half...
Answer . no it cant both owners have to consent to paying for the fence or the one that has the fence put up is responsible.
If Dad left a Will, then it will determine ownership of hisinterest in the land IF the Will is probated. If there is no Will,or if it is not probated, then (depending on the laws of thatstate), title will pass to the heirs pursuant to state law. Hissiblings cannot thwart this, unless there is...
It depends what kind of property your transferring if its somethinglike a table you don't have to really do anything.
The trustee must sign a deed with the trustee listed as Grantor andthe person to get the house listed as Grantee
Mention (criminal law) This is a date when a case can only proceed if the defendant pleads guilty. If he or she wishes to challenge any of the charges or allegations, they should transfer the case to a later date ('adjourn' the case) for a contest mention.. Mention (family law) This is a date...
Using "et al" on a deed would be poor draftsmanship indeed! Thebest way to remedy is through a Correction Deed or, secondarily,through a Correction Instrument.
If you agreed to sign a mortgage for property that you don't own then you are responsible for paying the mortgage if the primary borrower, the property owner, defaults . That's the purpose of having a co-signer. The co-signer is a volunteer who guarantees the loan will be repaid and is equally...
Answer:\n. \nA "prescriptive easement" would run with the land and could not be conveyed separately.
yes AB it does. but you do have anything to worry about
You may have a problem. You need to consult with an attorney who specializes in real estate law who can review the deed under your state laws and determine if there needs to be any corrective work done.
Your phrase does not make sense. A quitclaim is a deed. A trust does not deed out TO a quitclaim. You need to clarify your question by adding more details.
was there any OLD LAND IN EXETERS WILDFLOWER VILLAGE
A person who is authorized to access the account can find out bycontacting the financial institution where the account is held.
Contact the county clerk of the county where the property islocated.
It depends on when & how the real estate was obtained. (This isa discussion beyond our capabilities here.) Typically the wifewould go through the probate process to transfer the deceasedhusbands interest in the real estate to his heirs.
How do I add my daughter's name to my deed
If you mean a "Quit Claim Deed". Here's your answer.For instance ifyou own a house and you just want out of it, no money, just out.You would sign a Quit Claim Deed to transfer all of your "interest"in that home to another person, giving up your responsiblity or"interest" to the house. This is signed...
The wording in the deed is no different just because the buyer didnot want to pay for a title search and title insurance. Theresponsibility is with the buyer to know what he/she is gettingwhen he buys the property. You can sue after the fact, but goodluck if you don't take responsibility to have the...
No. If the property was held as joint tenants with the right of survivorship then the decedent's interest automatically passed to his wife upon his death. That is the reason for creating a joint tenancy and she is the owner of the property.
The minimum legal age to purchase a house in Canada is 18. If aperson is under the age of 18, they are unable to enter into acontract since they are still considered a minor.
A warranty deed. It must be done by deed if you want your daughter to become a co-owner.
The original should have been returned to the Grantee on the deed.Hopefully the original was also recorded in the county where theproperty is located. If so, then the County Clerk's office willhave an official copy of it, and anyone can obtain either a "plain"copy or a "certified" copy.
You can do it either place. It is referred to as a life estate.Most states automatically give a spouse a life estate in theresidence at the death of the other spouse.
As long as there were no changes made to the tenancy by deed the joint tenancy would remain intact and the title to the property would automatically pass to the survivor. The situation would be different if the property was held by a tenancy by the entirety.
Answer It depends why he kicked you out of the house. If you are running around with friends at all hours, or out with men, then I wouldn't blame him, but if you didn't do anything and he kicked you out that is a different story. If he is putting you down verbally all the time and you don't deserve...
Generally, the daughter would own the fee in the property subject to the mother's life estate. So the answer is yes, the property would be part of the daughter's estate.
You haven't mentioned the tenancy on your deed and that is an important detail. . If you and your brother owned as joint tenants with the right of survivorship then you became the sole owner when your brother died. You would not need a deed from his widow. If you owned as tenants in common then...
That type of restriction is governed by local laws. You need to call your local town offices.
First of all, I assume when you say "it does not exist on the parcel map" you mean " an easement does not exist on the parcel map." In most states, your neighbor could sue you for an "easement of necessity" across your property. Generally an easement of necessity requires that your properties have...
Call them or take it to them. As long as you are insured on the car you could theoretically drive it until they come get it.
Yes. In order to avoid probate a joint ownership with the right of survivorship can be created in a deed. Your parents can execute a deed that conveys their property to themselves and you as joint tenants with the right of survivorship. That way when one owner dies their interest passes...
The property would pass according to the California Laws of Intestacy. You can read the law at the link provided below.
Yes, your vested interest could be cut off.
You can purchase a home with your husband and elderly parents byvisiting a bank or mortgage broker. The bank or brokers office canhelp you fill out the paperwork to purchase a home.
The answer depends on whether your father's estate was probated and who owns the property now.
Your aunt's estate must be probated in both states in order to pass title to you legally. The will must be filed in the state of primary residence and the executor appointed by the court. Then some sort of ancillary probate will need to be filed in the other state where she owned real estate. You...
It is important that you review the provisions set forth in the trust document. The trust should provide instructions for the appointment of successor trustees. If the trust is silent you may need to request that a judge modify the trust to allow the appointment of a new trustee.
Contact what is called a "landman".
The new owner is responsible for any outstanding liens, arrears or other encumbrances that were not addressed at the closing. (The buyer's chance to have the seller pay any outstanding charges and liens evaporates when the consideration is handed over to the seller.) . If you were represented by...
Yes, for example a lender that has a lien on the property.
Acommadation is Kool. . Announomes
No, but you could lose the property if the lender forecloses.
Assuming no Will, if community property, then all goes to wife. Ifseparate property, then divided between wife & kids.
You can't "remove" a deceased's name from a deed. However,ownership of any real estate owned by the deceased automaticallypasses to his/her heirs. Proving who those heirs are is typicallydone through probate, regardless of whether the deceased had aWill. (If no Will, then it is referred to as an...
Absolutely not. A deed is a sealed instrument and it is illegal to alter it once it has been executed and before it is recorded.
Answer:\n. \nYes. But you should notify the town that you are the new owner so they can send the tax bills to you. Those must be paid.
It could be possible only when you execute a power of attorney in favour of me prior to the execution of contract for deed of sale.
You should arrange a consultation with an attorney who specializes in probate law. The attorney must review all the details of the situation such as the tenancy created in your deed and the mortgage. The bank may be out of luck but you will need an attorney to handle the situation for you.
It depends on the provisions of the trust. If the trust provides that the trustee in office can delegate their authority the procedure for doing so must be followed. A second "successor trustee" doesn't take office until the first successor trustee can no longer act. While the first successor...
Yes but the life estate will be subject to the mortgage. If there is a default and the lender forecloses on the mortgage the life estate will be wiped out.
Not really, but the effect on ownership of the property is thesame. Also a gift, if large enough, could have a tax impact.
A survey by a licensed/registered surveyor shows the boundaries of what you own, what you are buying or what you are selling. A recorded survey can be used to create the legal description for a property. A survey also discloses any encroachments into your property or encroachments by you onto your...
Fee simple is the highest level of ownership interest you can have of the "bundle of rights" that come with owning property. Right of survivorship (frequently noted as JTWROS - for joint tennacy with right of surviorship), means there are (at least 2) owners noted and when one dies the other gets...
A completed sample of the WI Quit claim deed can be viewed directlyat the local register of deeds county office. The local public orlaw library will also have a completed sample.
No. Not unless that right was reserved somehow in the grant that created the life estate.
No. That would only complicate the situation and result in more legal expenses that will be passed on to you eventually.
Scott Township is one of the 12 townships in Sandusky, Ohio thathas a population of 1,500 people. Zoning rules can be gotten fromthe Erie County planning commissions office.
Yes. That issue should be discussed with an attorney before filing a bankruptcy.
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...
The trustee has only the powers that were granted in the document that created the trust. The trustee is prohibited from self-dealing by law. In this case, the trustee would be transferring the ownership of the real property to himself/herself. That may or may not be in the best interest of the...
\n. \n. \nAnswer:\n. \nYes. The main function of a deed is to pass title to land. An exception would be a "deed of easement" which only conveys an easement right in land.\n. \nHowever, if you want the world to know the land belongs to you the deed should be recorded to protect your rights.
Yes, if he/she will accept it
You have an interesting situation. If you didn't sign the mortgage then the lender is in trouble. An unsigned mortgage is not enforceable. In many jurisdictions it is the mortgage that is recorded in the land records to provide notice of the mortgage lien. (Note that you may have also signed a...
Absolutely not. Those easements run with the land and the owner who blocked the access would be liable for damages in a lawsuit.
You may be thinking of a contract FOR deed. These should be avoideddue to complexity of the law, but it is when the seller keeps titleto the property until the sales price is fully paid.
Subdivision Covenants are found by checking the name of the developer of the particular subdivision in the land records.
Doing so will only avoid probate if the title specifically statesit is joint with right of survivorship.
Pennsylvania law would have jurisdiction over real property in that state and Pennsylvania is not a community property state. However, you should discuss this issue with an attorney considering that any property acquired during a marriage may be considered marital property and subject to the court's...
\nAnswer:\n. \nIn a Massachusetts divorce where the decree provides that W pay a dollar sum to H and H conveys his interest to W, if W pays and H refuses to sign a deed then the court decree can be recorded and the recording of it will convey his interest. You should have proof in your divorce file...
A resident does not usually owe rent to a non resident in a house owned by "tenants in common" if the resident is one of the tenants. When a house is owned by "tenants in common", all tenants share use of the house or property. If one chooses not to use it, that is his business. (Of course, what is...
A promise to do or refrain from doing an act. the covenants found in a general warranty deed are seisin, encumbrances, further assurance, quiet enjoyment, and warranty forever.
Unless it is in the contract or required by law, the property management company is probably not required to tell the property owner if a tenant commits suicide. However, common sense and protection from possible liability would recommend that action. A death would have occurred on that piece of...