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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.
Personally, I would not buy a condominium unless my review of the complete declaration was finished. Otherwise, you (and I) have zero idea about the community you're (I'm) buying into. Whether or not it can be sold may be a local legal issue. See your state condominium statute.
Communal land ownership is where a group or culture owns the land, and not the government, a company, or an individual. In America, this is not a common concept anymore, since land that is not privately owned is owned by the local, state or federal government. This type of ownership still exists in...
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Your local zoning or subdivision regulations may have the answer. Very often it is impossible to have rear access to property, such as abutting lots in a development, the edge of town, along streams, where the property abuts a large undeveloped parcel, or where some industrial or commercial use of...
No. In order to "secure" a land patent you must prove ownership and provide a chain of title from you back to the grantee in the original patent.
No. Title insurance only covers the person who purchased the policy. You would need to purchase your own title insurance policy.
The statement is misleading. It refers to two different forms of property ownership. A j oint tenancy with the right of survivorship creates a tenancy whereby if one owner dies the surviving owner becomes automatically the sole owner of the property without need of probate. When one owner in a...
Generally, a life estate can be sold if the buyer is fully informed as to what they are receiving. The buyer would need to take on your legal obligations (upkeep, maintenance, taxes, insurance, etc) under your life estate. Also, if you died the life estate would be extinguished and the buyer would...
If you inherited the property, the estate must be probated and your mother's estate is responsible for the mortgage debt. However, if there is no cash to pay the mortgage and you want to keep the property, the mortgage must be paid or the bank will take possession of the property by foreclosure. If...
The court has the power to distribute property acquired during the marriage. You need to consult with an attorney in your area who specializes in divorce law who can review your situation and explain your options under your state laws.
Title is alienated by transfer of ownership to another such as by executing a deed or mortgage. It is a recognized right associated with fee absolute.
  "http://wiki.answers.com/Q/Father_cosigns_with_son_who_is_married_After_2_years_things_are_not_going_good_in_the_marriage_If_divorced_later_would_wife_be_able_to_lay_claims_to_the_house_even_though_she_is_not_on_the_loan"   Yes, you cannot disinherit a spouse.
No. Only the bank can release you from the mortgage. However, once you have guaranteed payment of a loan the bank won't let you off the hook unless the mortgage is paid or renegotiated. Generally, you are not free to transfer your property if it is subject to a mortgage. Most mortgage...
Public ownership of most land is the idea that land and resources  within a nation belong, ultimately, to the people of that nation.  The property interests are vested in the state, rather than an  individual or communities.
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  Actually women have been able to inherit property under certain circumstances at least for 1,000 years in England and America.
      Obtain a copy from the office where land records are filed. If the deed was recorded you don't need the original. If you didn't record the deed then you have a big problem.     If the record title is still in your deceased parents' names then you will need to file a probate...
We have to take care of public property because that is all about us and around us...We all stay in our country as a public... The most important requirement of this is to just co-operate with the public..The all profits and losses is just because of us so to overcome that we have to take care of...
To save time you might want to find out who filed the lis pendens and figure out what it will take to settle their claim, in addition to all of the other customary things one does in a purchase. Otherwise you go under contract and make sure a third party holds any earnest money and that the contract...
  Joint tenancy means the house only belongs to one of you (the one that is on the deed) whereas "Tenancy in Common" means you are both on the dead and if one of you dies the other automatically owns the house along with all the responsibilities associated with ownership (paying the mortgage,...
An heir is the person entitled to receive an intestate (without a Will) person's estate after their death. It is also used casually to describe a person who inherits under a Will.
If you are married and have poor credit in your name, it may be that you can obtain a better rate without your being on the mortgage. However, it is a risky financial move, in my mind, for you to have title without having any of the responsibility for its payment. Another Perspective Most lenders...
  With a quit claim and the agreement of your mortgage company, you can transfer your home title to anyone. However, if you are carrying the mortgage, there needs to be lien on the title until the loan is paid in full.
If you are in the midst of a bankruptcy proceeding the title to all your property is in the trustee. You can't sell any property. You should direct any questions to your attorney or to the trustee in bankruptcy.
A life estate holder has the right to the use and possession of real property for the duration of their natural life. They do not own the property but the property cannot be mortgaged or sold by the fee owners without the consent of the life estate holder. The life estate is extinguished when the...
That issue should have been addressed in writing in your Separation Agreement when you were divorced. You need to review it and the decree. All financial matters between the parties should be addressed in that agreement. If the mortgage wasn't addressed then you are each equally responsible for...
That type of reservation indicates that the grantors retained some abutting land. The nature of what was reserved depends on the exact language that was used to describe it. Generally, the grantor reserves the right to use the spring and maintain a pipeline to transport the water to some place...
The grantor should execute a quitclaim deed and the grantee should arrange to have a comprehensive title examination performed to determine the status of the title to the property.
example: john smith and Mary smith, husband and wife, as joint tenants with rights of survivorship who reside at ... Answer In some jurisdictions a tenancy by the entirety provides married people with the ultimate protection. It is a form of ownership reserved for married people. The...
  i am in similar dilema, signed lease purchase 17 month ago, due to settle next month. house value was 400,000 at signing, now valued at 240,000.   I intend to offer an adjusted price of 330,000, thus meeting seller approx half way from original price to current market value, do not know...
It is located in Calamba, Laguna near the house of Dr. Jose P. Rizal
  Deeds cannot be canceled. The grantee must convey their interest by a deed.
  Life estate heirs can only sell their life estates, not the reversion interest. 
  This will vary by mortgage company, state, and circumstances. You will be notified by mail before any foreclosure action can be taken.
There are different meanings for a deed of trust. The first conveys real property to a trust. The second is the form used to grant a mortgage. For the first meaning, The trust must be reviewed to make certain the trustee has the power to convey real estate. If so, the property should be conveyed...
Georgia is a title theory state. The title of the mortgaged premises remains in the lender until the debt is paid.
    Answer:     I assume you mean to say "easement". That is a right one owner has to make use in some way of the land of another. Easements rights are granted in or by deed. Easements are sometimes acquired by operation of law (by necessity).
  one that is formed for a particular purpose or mission. once the purpose is served it is dissolved.
Defeasible fee estate. See the related question link provided below.
Only if Mother signs the deed. Please . . . you aren't "heirs" until your mother dies.
That depends on whether you have signed a contract with the buyer.
  A life estate is in laymans terms really just a freehold as it is not an estate of inheritance which arises by grant or loperation of law for the benefit of a person or people for the rest of their known life and since nineteen twenty five it can exist in freehold only in equity under a trust...
You can't change a deed. Once it has been recorded it has a new owner and the new owner is the only one who can make changes by executing a new deed.
The market may be bad for getting a good offer to purchase. There may be problems with the property. You would need to ask the bank.
You can go to your local land records office and look up his name in the grantee index to find his deed.
  No, only Primary residences can carry a recission period in certain instances.
  Yes, a remainderman can convey their interest in the property, however, the land so conveyed would be subject to the life estate created in the original instrument.
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Yes. A probate lawyer handles estates. A real estate lawyer handles transactions that involve real estate. Those specialities are often combined in a law practice.
If you're asking if the defaulting mortgagor can stop the foreclosure by executing a deed and conveying the property the answer is no. To execute a deed wouldn't create a cloud on the property. The property would be transferred subject to the mortgage and the lender can continue with the...
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If you won't sign the lease the owner can force you to vacate the premises.
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If the property cannot be reasonably divided, the court will appoint a commissioner to sell the property. The legal costs and costs of selling the property will be deducted from the proceeds when the property has been sold and the net proceeds will be divided equally amongst the co-owners.
The estate must be probated and the probate process will vest title in the heirs-at-law. Once the estate has been probated the heirs can execute a deed to themselves. If the heirs wish to change the title prior to the completion of the probate procedure, or the administer can execute the deed,...
The recipient of a gift doesn't incur any tax liability. The person MAKING the gift must be careful not to exceed their annual exclusion ($15,000 in 2012), to avoid their having to pay the gift tax. Proper structuring over several years can avoid much of that, but it's not your problem.
No. Foreclosure is a legal process that can be used in the case of a default only.
Your mother is not the legal owner of real property until the estate is probated. If there was a will then the will must be presented to probate court and an Executor must be appointed. If there was no will then an Administrator must be appointed. Legal title to real property cannot pass to the...
  Who's going to stop them if it's "shared"? If they're violating the terms of the easement, then there is a local statute of limitations that will determine how long it can be ignored before the "accepted practice" becomes a legal right. 
Your local COurthouse, or Recorder of Deeds office.
No. Read your governing documents to discover parking space ownership options.
Yes, this is called a "cash for keys" deal. Banks may offer these types of deals to the homeowners to entice them to leave the property voluntarily without causing any damage. The typical process is that a local real estate agent will visit the borrowers to offer them a few hundred or a few...
Most land Grants were "proxy signed" meaning that usually they were signed by an assistant or designated secretary or authorized person. On very rare occasions did the President of United States personally sign a land grant as there were tens of thousands grants awarded for various reasons, many...
It depends upon what you mean by co-owners. If they own the property as "Tenants in Common," then they each own a particular percentage of the property which they can pass along at their death to whomever they wish. If they own the property as Tenants in Common, then yes the deceased brother's share...
  I LIVE IN WHITINGHAM,VT,WENT TO THE TOWN CLERK TO GET THE ZONING LAWS. I`M SURE YOU CAN GET THEM AT YOUR LOCAL TOWN CLERK AS I DID.
Real property is transferred to another owner by a deed. A deed is a written legal document that is used to transfer the title to real property.
  Have her sign a Quit Claim deed giving you her rights in the house. Of course, she is likely to want something in return! In other words, you are going to have to buy her share of the house.   Just another reason why marriage is a better legal option!
selling timeshare the proper way to transfer your interest in a time share is to use a full covenant warranty deed or bargain and sale deed with covenants, being state approved forms that you can get on-line from title companies that do business in the state, and then speak with the county clerk in...
In a tenancy at will a tenant occupies property with the consent of the owner and pays rent but without a formal, signed lease agreement. It can be terminated by either party with due notice given to the other party according to the state law requirements, usually thirty days.
Ownership of real property is evidenced by a deed.
No. A person cannot encumber property they don't own.
You can't. You nee to contact your state department of motor vehicles to ask how you can replace a lost certificate of title.
You would need to bring a lawsuit in court and obtain a judgment lien in your favor. Then, you could record the lien against the property of the defendant.
  Sure why whouldn't you?   Say you didn't murder your husband? Did you?   it first needs to go through probate.
If the property was held as joint tenants with the right of survivorship, the decedent cannot leave his share to his children by will. His interest automatically passed to his surviving spouse. If the property was owned as tenants in common then he can leave his interest to his children. You...
  == Answer ==   if i understand you, it is synonymous with a "life estate"...it is a reservation added to a deed by an owner of the property at some point in time...it states that that owner may have full and exclusive use of the building and property for the rest of their natural lives.....
A joint tenancy between two people can be severed by either party executing a deed of their interest to another grantee. If they wish to retain their interest in the property but simply sever the tenancy, their grantee can immediately convey the property back and the new tenancy between the original...
If the new by-law was promulgated by the town, the answer depends on the provisions in the law and whether there is a "grandfather clause" in the law. Generally, smoke bans do not include "grandfather clauses" since the object of the laws is to eliminate second hand smoke from the air shared by...
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  The police will not take a stolen vehicle report if the automobile's owner handed the keys to the individual. It is a civil matter in this instance.
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United States A mortgage is commonly understood to be a loan secured by real estate. The more formal definition in a title theory state is as follows: A mortgage is an instrument used to convey title to real estate that is given as security for payment of a debt or the performance of a duty. (A...
Deeds cannot be challenged if the deed is valid and executed by the owner of the property. Deeds can only be challenged in court for very few reasons such as undue influence, fraud, or defective title.
Get a property survey done and determine who has control. And based on that result, consult an attorney.
The only way to get an owner "off" a deed is for the person to convey their interest in the property to you by executing a deed voluntarily.
You need legal advice from an attorney who specializes in probate in your area. You need to know if the deed is valid and legal in NY. In the past, unrecorded deeds were used as estate planning tools, to be recorded only after the death of the owner. Those deeds are not effective in every...
  You would need to check the laws of descent and distribution in your state. When a person dies and has no immediate relatives the state laws set forth who is next in line to inherit.
The Texas Department of Transportation has not set a limit on theminimum age that an individual must be in order to own a car inTexas. However, in order to have a vehicle registered in your nameyou must provide proof of insurance. Obtaining insurance as a minorcan be extremely difficult.
You will need your deed to refinance your home. If you no longer  have it, your mortgage company should be able to get it for you.
The meaning of the abbreviation APO in West Virginia is Army PostOffice or Air Force Post Office. This allows members of themilitary to receive their mail when overseas.
A certificate of title is a document showing evidence of the right  to ownership of personal property. It is usually issued by the  state or local municipality.
  == Answer ==   assuming that the lien has been filed or recorded in the county clerks office...you must do the following...speak with the creditor or attorney for the creditor and request a "release of lien", "discharge of lien" or "satisfaction of lien"...you are entitled to this...
  Yes. If, the amount they auction the property for is less than what you owe they will come after you for the difference.