Deeds and Ownership

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.

8,208 Questions
Deeds and Ownership
Civil Lawsuits
Legal Documents

What is the difference between conveyance deed and sale deed?

A deed is the legal instrument used to transfer the ownership of real property. Those are simply two different ways of expressing a deed that conveys any interest owned by the grantor.

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Bankruptcy Law
Deeds and Ownership
State Laws
Property Taxes

Can you pay someones taxes and own their land?

United States

No. Generally you cannot get title to property simply by paying the delinquent taxes. The procedures vary from state to state but there needs to be a transfer of title. Towns have the legal authority to take possession of real property for non-payment of property taxes. In some jurisdictions the town must then get a court decree that perfects title in the town. Once the tax taking process is completed the town can sell the property at a public auction and the delinquent taxes must be paid. You need to check the procedure in your particular jurisdiction. Tax sales are usually advertised in the local newspaper.

Generally, when you pay taxes assessed to someone else for property they own, you are simply considered a volunteer.

If you are thinking of trying to acquire a property by adverse possession one of the common elements is paying the taxes on the land. Laws vary. You should consult with an attorney in your jurisdiction who specializes in real estate law to determine the steps you must take to acquire a parcel by adverse possession.

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Deeds and Ownership
Property Law
Adverse Possession

Who owns the curb?

An interesting question and not an easy answer. You may own up to the middle of the street but the public has the right to use the street and the sidewalk for all purposes of a public way if it is a public way. In some places the town owns the streets. It depends on how the street was originally laid out.

There is no single answer.

You would need to check the title to your property to find the original street layout. Street layouts are not universal. Some jurisdictions take easements of way and some own the fee to the streets. Some use a mixture of both. Sometimes the easement rights reach beyond the curb to include the far side of the sidewalk. Sometimes the rights end at the curb. The only way to answer your question accurately would be to find the original taking that created the city's rights in your particular street.

An experienced title examiner would need to study all the road layouts, takings and accompanying plans to answer this question for any particular property.

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Telephones
Deeds and Ownership
Phone Service Providers

Telephone number of registry of deeds manila?

02-567-4871

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Mortgages
Deeds and Ownership
Real Estate Buying and Selling

What is Inter-spousal Grant Deed?

An inter-spousal grant deed is a document that legally transfers property from one spouse to the other to. There are many ways to accomplish a property transfer, but two of the most common ways to transfer property in a divorce are through an inter spousal transfer deed or quit claim deed.

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Estates
Deeds and Ownership

What are life tenant responsibilities once he gives up tenancy and continues to live in property?

Once a life tenant releases their life estate they have no rights in the property and no responsibilities regarding the property. It is up to the fee owner to determine the terms for the continued use of the property. The owner may serve notice for the former life tenant to vacate the premises or the owner can require the tenant to sign a lease and pay rent. It is up to the owner.

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Co-signing
Mortgages
Deeds and Ownership

Can you sell a house without using a solicitor?

Yes, but remember . . . a person who act as their own lawyer in complex legal matters has a fool for a client.

Yes, but remember . . . a person who act as their own lawyer in complex legal matters has a fool for a client.

Yes, but remember . . . a person who act as their own lawyer in complex legal matters has a fool for a client.

Yes, but remember . . . a person who act as their own lawyer in complex legal matters has a fool for a client.

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Property Law
Deeds and Ownership

What is land which is subject to an easement?

Bought house 23 years ago had easement with golf course to use cart path corporation sold property 6 years ago to state of New Jersey now a nature preserve. No park rangers etc. people dogs without leashes all over my yard put up temporary fencing they tote it down,plus I don’t want to be liable for the people they are allowing to roam on my propert if the easement was between me and golf course ,and it was sold I was told at settlement easement was no longer in effect. State trying to keep it,how do I get it removed can’t afford a lawyer husband was found dead in chair 5 months ago living on $634.00 per month. They are haressing me and causing my severe medical conditions to worsen .i have had to be put on stronger blood pressure meds and anxiety medicine. Please,please help me

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Home Equity and Refinancing
Liens
Deeds and Ownership

Is Alabama a lien theory or title theory state?

Alabama is a title theory state. See links below.

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Estates
Deeds and Ownership

Can a codicil amend a deed?

No. Codicils are not associated with deeds of conveyance. Generally, once a deed has been executed it cannot be amended except by agreement of the parties. If the parties agree then corrective deeds will need to be drafted. For example, if the wrong property was described in the deed several outcomes are possible:

  • If the grantor owned the property that was inadvertently conveyed that land is gone. If the owner wants that land back it must be conveyed by the new owner to the former owner.
  • If the grantor didn't own the land conveyed in the deed then the grantee got nothing.

Errors are often made in naming the grantees or conveying proportionate interests:

  • If the owner intended to convey a half-interest but conveyed all their interest the land is gone and the new owner would need to convey the property back in order to correct that error.
  • If the land was conveyed to the wrong person or was intended to transfer to two or more and only one was named, the new owner must convey the land back to the former owner and a corrective deed must be executed.
  • If the owner forgot to reserve a life estate, it's too late unless the new owners agree to grant a life estate to the former owner.

The bottom line is that deeds should always be drafted by a professional. Errors in deeds can be expensive to correct if they can be corrected. If an error was made and the grantee will not agree to make a correction then the matter must be decided by a judge.

Minor errors can sometimes be corrected by a scrivener's affidavit. You should consult with an attorney who can review the situation and explain your options.

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Home Equity and Refinancing
Liens
Deeds and Ownership

How soon can you sell your house after buying it?

You can sell as soon as you take title: immediately.

You can actually sell it before you take title. It's called simultaneous closing. At title signing, the property would be signed over to your buyer instead of you. This may not work if you have purchased the house with a standard loan. There are usually prepayment penalties on such loans. Of course, if you're doing this kind of flip, you probably haven't approached a common lender.

The title would be signed and the monies dispersed to the proper parties during closing. You never even have to take possession of the property. (Check your state laws for any restrictions)

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Property Law
Deeds and Ownership

What is property acquisition?

Generally, property acquisition refers to a person or other entity acquiring title to real property by a deed. A deed is the legal instrument used to transfer ownership in real estate. Real property can also be acquired by inheritance and by a court order.

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Property Law
Deeds and Ownership

Do quit claim deeds expire?

No. Deeds do not expire.

No. Deeds do not expire.

No. Deeds do not expire.

No. Deeds do not expire.

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Home Equity and Refinancing
Estates
Deeds and Ownership

My father died without a will and I inherited his property. His estate was not probated. Do I have legal title?

The property is still in your father's estate and his estate must be probated. You are not the legal owner.

In order for title to real property to pass to the heirs-at-law in an intestate estate (no Will) or under the terms of a Will, the estate must be probated. Title is passed to the heirs by the probate process. You cannot "title" the property in your name until the estate has been probated. You cannot sell or mortgage the property until the estate has been probated. Until you probate the estate you only have what is called equitable title.

You should consult with an attorney who specializes in probate who can review your situation and explain your options.

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Estates
Deeds and Ownership

Does a life estate override a fee simple absolute deed?

Yes. If property is subject to a life estate and then it's conveyed by deed, the property remains subject to the life estate until the life tenant dies or releases their life estate in writing.

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Deeds and Ownership

What is a returnee in a quit claim deed?

The returnee would be the person to whom the deed will be sent once it is recorded in the land records. That would be the grantee in the deed: the new owner.

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Property Law
Deeds and Ownership
Real Estate Buying and Selling

What is fee simple feasible?

Fee simple absolute is the complete and total ownership of real property. The owner in fee simple absolute has the right to full possession and control of the property and the property will pass to the owner's heirs upon death. Generally the conveyance of real estate by a deed conveys fee simple absolute. The word feasible is not part of the term.

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Deeds and Ownership

What is tenancy of suffrage?

A tenancy at suffrage is another name for a tenancy at will. It means that the tenant is occupying the property with the permission of the owner but without a lease. It is usually used to describe a tenant who continues to occupy the property after a lease has expired and the owner continues to accept the rent payments.

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Mortgages
Home Equity and Refinancing
Deeds and Ownership

What is another name for deed holder?

The owner.

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Deeds and Ownership

Can you notarize property documents for your father-in-law?

Yes. As long as you, your spouse of anyone in your family will not benefit from the documents. For example, if he is selling his land to a third party you can notarize the deed. However, you should check your state laws that govern notaries public.

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Mortgages
Estates
Deeds and Ownership

Does a will trump a joint tenancy with right of survivorship?

Absolutely not. The purpose of a joint tenancy is to bypass probate. Property that was held as joint tenants isn't included in the decedent's estate and is not subject to probate.

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Law & Legal Issues
Deeds and Ownership
Real Estate

How do you research mineral rights ownership?

To research mineral rights ownership you go to the county clerk or recorders office and do a title search, they will normally help you to get started.

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Math and Arithmetic
Deeds and Ownership
Area

Can you build 3 houses on quarter acres of land?

Yes 13 houses or 3 Marla Each Or 8 houses of 5 Marla Each.

One acre is around 160 Marla

hence, one quarter acre should contain 40 Marla which is enough for 3 houses

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Probate
Deeds and Ownership

Do stepchildren have rights to the estate of their stepfather in California?

No. Not unless they were legally adopted by him and then depending on their ages and state laws.

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Deeds and Ownership

What if a property lien release is lost?

You must obtain another copy from whoever you paid off and record it with the land records.

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