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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.
5,025 Questions
Why is it important to maintain land records in your country?
A legal document that affects the title to real estatemust be recorded in the land records to give notice to any prospective buyer and/or to create a lien, claim or encumbrance on the land.
A legal document that affects the title to real estate must be recorded in the land records to give notice to any prospective buyer and/or to create a lien, claim or encumbrance on the land.
A legal document that affects the title to real estate must be recorded in the land records to give notice to any prospective buyer and/or to create a lien, claim or encumbrance on the land.
A legal document that affects the title to real estate must be recorded in the land records to give notice to any prospective buyer and/or to create a lien, claim or encumbrance on the land.
Can you sell a house without the co-owner's permission?
No. You cannot sell what you do not own. You can only sell your own interest in the property which is likely a half interest.
No. You cannot sell what you do not own. You can only sell your own interest in the property which is likely a half interest.
No. You cannot sell what you do not own. You can only sell your own interest in the property which is likely a half interest.
No. You cannot sell what you do not own. You can only sell your own interest in the property which is likely a half interest.
If you are the owner of the easement who has right to use it?
It depends on the language of the easement itself, most importantly what the easement if for. An easement is a right granted by the land owner (fee owner) to go over, across, and/or under the land for a specific purpose. (e.g., utility lines, access roads) In the case of utility lines, only the party granted the easement (grantee) has the right to use it. In the case of an access road (e.g, a driveway across adjoining land), the easement can typically be used by the owner of the land served by the roadway as well as those who have business or are visiting that land. The underlying fee land owner is typically free to continue using the land in any manner that doesn't impinge on the rights granted by the easement.
Can your spouse force you to leave the home if your name is not on the mortgage?
The important factor is whether your name is on the deed. If your name is on the deed you have the right to the use and possession of the property. Your spouse cannot force you to leave without a court order.
If your name is not on the deed and the property is in your spouse's name whether they can make you leave depends on other factors including state laws. They may be able to evict you. You should consult with an attorney who can review your situation and explain your rights and options.
The important factor is whether your name is on the deed. If your name is on the deed you have the right to the use and possession of the property. Your spouse cannot force you to leave without a court order.
If your name is not on the deed and the property is in your spouse's name whether they can make you leave depends on other factors including state laws. They may be able to evict you. You should consult with an attorney who can review your situation and explain your rights and options.
The important factor is whether your name is on the deed. If your name is on the deed you have the right to the use and possession of the property. Your spouse cannot force you to leave without a court order.
If your name is not on the deed and the property is in your spouse's name whether they can make you leave depends on other factors including state laws. They may be able to evict you. You should consult with an attorney who can review your situation and explain your rights and options.
The important factor is whether your name is on the deed. If your name is on the deed you have the right to the use and possession of the property. Your spouse cannot force you to leave without a court order.
If your name is not on the deed and the property is in your spouse's name whether they can make you leave depends on other factors including state laws. They may be able to evict you. You should consult with an attorney who can review your situation and explain your rights and options.
When the railroads were first laid out in the 1800s the lines ran over both private land (farms, ranches, businesses in towns, homeowners, etc.) and government land. When railroads were first constructed there were different ways by which the railroad acquired their rights in the land: by deed in fee, by grant of easement, by eminent domain takings and by congressional grants.
It requires extensive research to determine who owns an old railroad right of way. This is a contentious topic right now in the United States where states are acquiring old railroad corridors to construct bike and hiking trails for public use. Ownership is in question and some states have passed laws to transfer title to those old railroad corridors to the state.
Some general possibilities:
- If the right of way was acquired by deed the railroad owns the land and may have the right to sell it when the ROW is no longer in use.
- If grants of easement rights to construct the ROW were acquired from the abutters then the land may revert to those abutters when the ROW is discontinued.
- If the land was taken by eminent domain for the layout of the railroad then the land may revert to the abutters when the ROW is discontinued.
- In Massachusetts the state has the right of first refusal when railroad land is conveyed in fee.
Can a person quit claim a deed while in bankruptcy?
Once you receive your discharge and your case has been closed, you are free to do whatever you want with your property. It is important not to transfer any property while the case is proceeding, however (unless your attorey okays it, of course)!
Does a quit claim deed have to have a legal land description?
Generally, a deed need not recite the full description of the property as long as there is a reference in the deed describing the property to be conveyed as the same property in a former deed that does describe the property. When there is no physical description, a professional title examiner would trace the deeds back to make certain there is a referenced deed in the chain of title that actually describes the property.
Laws vary in different jurisdictions. The deed in question should be reviewed by an attorney in your jurisdiction. Deeds should always be drafted by a professional in order to make certain they conform to the law.
Generally, a deed need not recite the full description of the property as long as there is a reference in the deed describing the property to be conveyed as the same property in a former deed that does describe the property. When there is no physical description, a professional title examiner would trace the deeds back to make certain there is a referenced deed in the chain of title that actually describes the property.
Laws vary in different jurisdictions. The deed in question should be reviewed by an attorney in your jurisdiction. Deeds should always be drafted by a professional in order to make certain they conform to the law.
Generally, a deed need not recite the full description of the property as long as there is a reference in the deed describing the property to be conveyed as the same property in a former deed that does describe the property. When there is no physical description, a professional title examiner would trace the deeds back to make certain there is a referenced deed in the chain of title that actually describes the property.
Laws vary in different jurisdictions. The deed in question should be reviewed by an attorney in your jurisdiction. Deeds should always be drafted by a professional in order to make certain they conform to the law.
Generally, a deed need not recite the full description of the property as long as there is a reference in the deed describing the property to be conveyed as the same property in a former deed that does describe the property. When there is no physical description, a professional title examiner would trace the deeds back to make certain there is a referenced deed in the chain of title that actually describes the property.
Laws vary in different jurisdictions. The deed in question should be reviewed by an attorney in your jurisdiction. Deeds should always be drafted by a professional in order to make certain they conform to the law.
Where can one find a copy of a tenancy agreement?
If you wanted a landlord agreement (or tenancy agreement), the best place to start looking would depend on the country who's laws govern the property in question. For example in England (or Wales) there are different laws governing tenant's and landlord's rights and obligations than in Scotland, even though all three are part of the United Kingdom. An Assured Shorthold Tenancy Agreement for England and Wales can be supplied by The Residential Landlords Association.
In a life estate who pays for insurance?
Laws vary from state to state regarding the responsibilities of a life tenant. Generally, the life tenant has the responsibility for paying taxes, insurance, utilities, general maintenance and upkeep and other expenses. However, This is a sticky situation because if the life tenant does not pay property taxes the town can take the property for delinquent taxes. If the property isn't properly insured, there could be a loss in case of a fire or severe storm. Therefore the fee owner should always be actively involved in protecting their property.
Do you have to have a trustee for an estate?
In order for there to be an estate, there must be a trustee. You don't have to name one in your will, the court will appoint one. And many banks will serve as a trustee.
In most estates no trust is created and therefore no trustee is appointed. Generally, the only fiduciary needed is an executor (with a will) or administrator (without a will). The court will issue either Letters Testamentary or Letters of Administration and the fiduciary will have the authority to settle the estate.
If your name is listed on the deed as co-owner can you be made to leave the property?
If you have made your payments on any mortgages or loans against this property and shared in the responsibility of paying taxes then you certainly have every right to be on that property. Co-Owner means just that .... you own part of it! I would seek out legal advice and have your lawyer deal with this. Unless you bring the law into this your problem won't be resolved.
The other owners must obtain a court order to take your interest in the property or to bar you from using it.
Co-owners of property each have the right to the use and possession of the whole property. If there is a problem that one co-owner is not paying their share that issue must be resolved between the parties or by a court order. The deadbeat still has the right to the use and possession of the property. If they cannot afford to pay their share they should sell their interest to the other co-owners taking into consideration the total amount of their arrears.
Can life estate home be rented if the parent is in a nursing home and will never return to the home?
No. The life estate belongs to her as long as she is alive. If she granted a power of attorney and it is still valid, the attorney in fact could consent to a sale of the real estate or release the life estate. If there is no valid POA and the individual is not of sound mind, a petition to sell the real estate free of the life estate could be brought before the probate court.
A life estate means that someone else gets the property at her death. Who gets the property on her death? They can only sell it subject to the life estate, which reduces the value to the buyer.
Homestead exemption in Kansas?
According to Kansas Homestead exemption, homeowners are limited by the amount of land they protect but can exempt unlimited value in their homes. Protection for up to 160 acres of farmland and 1 acre of land within city limits is possible under Kansas homestead exemption.
The most common reasons are to protect it from creditors, to protect it in a divorce proceeding, to protect it from inheritance by an undesirable heir, to protect it from the government and to avoid probate.
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 documents have a 'due on transfer' clause that the mortgagor agreed to at the time of the signing of the mortgage. The bank must be notified of any transfer in interest or the mortgagor will be in breach of the agreement and the bank will demand payment in full. A quitclaim deed will trigger the due on transfer clause. If the property is transferred, the mortgagor is still responsible for paying the mortgage and the property is subject to the mortgage. If the mortgage isn't paid the lender will take possession of the property by foreclosure and the foreclosure will be reported on the mortgagor's credit record.
If a new owner has agreed to take possession of the real estate subject to the mortgage the seller must notify the bank of the transfer of interest. The bank may require that the mortgage be paid in full and refinanced by the new owner. On the other hand the bank may agree to allow the new owner to assume the mortgage. In that case, the original mortgagor will be free of the mortgage obligation and no longer responsible for repayment.
What is Ohio law concerning liens on property?
There are a number of types of liens on real estate in Ohio (as well as most states). The most common it a property tax lien, which will be on all property as we pay our real estate taxed in arrears. The next most common type of lien is a Mortgage, a consensual lien that the owner of the property has given to someone else to secure the payment of a debt or the performance of some act. There are also judgment liens, liens that arise after a lawsuit is complete where the winner, if owed money, can file a lien against the real property of the loser. Then there are mechanic's liens, which are liens by construction managers, contractors, subcontractors, material suppliers or laborers who performed labor or supplied materials or both, in furtherance of a construction project. The lien is against the improved real estate. There are many other kinds of liens, most of which have different methods of securing them and different lengths of time that they remain valid. Some are renewable (mechanic's liens are not). I tend to speak from the perspective of mechanic's liens as I am a construction lawyer in Cleveland. I have attached a link to articles that I wrote for the Builders Exchange Magazine which you may find helpful. Most are about mechanic's liens, some are about construction related topics.
When does a revocable trust become an irrevocable trust?
There are all kinds of trusts and no single answer. Briefly:
A revocable trust can be revoked by the maker (grantor or trustor) during their life. Most trusts automatically convert to an irrevocable trust upon the grantor's death when used in place of a will to transfer property to heirs. Testamentary trusts set forth in a Will are irrevocable after the death of the testator. The provisions can be changed during the life of the testator but cannot be changed after the testator has died.
A living person can also create an irrevocable trust. What makes a trust irrevocable is that provisions cannot be amended by the grantor and the grantor cannot revoke the trust and regain possession of or control of the trust property.
Anyone contemplating a trust should consult with an attorney who specializes in trust law and who has a good reputation. Trust law is one of the most complex areas of law and is entertwined with tax law.
If you are co-owners of property and one dies who owns the property?
What happens to real property upon the death of a co-owner must be set forth in the deed by which the parties acquire their interests.
If you own property as joint tenants with the right of survivorship or tenants by the entirety, when one dies, the survivor automatically becomes the sole owner of the real estate bypassing probate. The only responsibility of the survivor is to record a death certificate in the land records to clear the title. Tenancy by the entirety is reserved for legally married couples in those states that allow T by E ownership.
When two people own property as tenants-in-common, when one dies their half interest will pass to their heirs by their will or by the state laws of intestacy if there is no will.
The term "joint tenancy" should be reserved for a joint tenancy with the right of survivorship. Although many sources refer to tenants in common as a form of joint ownership that is a misuse of the term and is misleading. Joint tenancy and tenancy in common are properly referred to as different forms of co-ownership or concurrent ownership.
When does the bank give you the deed to your house?
You should get the deed to your property at the closing and it should be recorded immediately. Some land records offices scan it and return it immediately, others take longer to get the information into their systems and will mail it back within a few weeks. Some registered land systems keep the original in their files. You can obtain a copy from wherever the deed was record.
Who can put a lien on your property?
Almost anyone to whom you are indebted that is awarded a judgment in a lawsuit or that is eligible to file a Mechanic's Lien. In most US states judgments awarded in small claims court are of a monetary nature only and cannot be executed as liens against real property owned by the debtor.
What can you do if someone has the original deed to your house and tries to sell it?
India
At the first instance of knowledge of change in title of the property, the original owner has to file / lodge a criminal complaint against the person, who has done the wrong & mischief. Secondly, to negative the wrong doing, the original owner has to initiate a civil litigation praying for declaration of the 'title' as void, as this was done without his consent & knowledge, behind his back. For that purpose, the owner has the onus to prove, prima facie his bonafides of circumstances upon which the documents of title of property was passed on to the man, who allegedly changed the title.
US, Canada & UK
In the Unites States, and any other recorded land system, you cannot sell what you do not own. As long as you recorded your deed when you purchased the property then no one else can sell your land. Their deed would have no effect. It would be null and void.
Can a life estate owner sell the property in Florida?
In the case of a conventional life estate the life estate holder and the remainderman must both execute the deed if they agree to sell the property.
See related question link.
Can a quit claim deed never recorded be revoked?
Generally, deeds cannot be revoked once they have been signed by the grantor and delivered to the grantee unless there was some condition in the deed that wasn't met. That type of condition would be called a reverter clause. For example, a grandmother could convey a plot of land to her grandson with the condition that he build a home on it within five years or the title to the land would revert to the grandmother or her estate.
How do you get title transferred in your name if there is a lien on the property?
The lien must be paid in order to clear the title.
The lien must be paid in order to clear the title.
The lien must be paid in order to clear the title.
The lien must be paid in order to clear the title.
How will you know if a lien has been put on your property?
If you haven't been notified of a tax lien, you can go to your municipal or county recorder of deeds and search the index to determine if a tax lien has been recorded against you. The staff will assist you.
