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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
What is the difference between warranty deed and mineral deed?
A mineral rights conveyance involves the minerals below the surface of the land, not the surface land itself.
If you will still be an owner then you will also have to sign the mortgage.
Can you put a lien on property for collecting security deposit?
The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.
The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.
The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.
The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.
I have an easement on my property but it doesn't say what it is for?
Answer
What exactly does the language that refers to the easement say? It could be many things and it should be defined somewhere in the chain of title. A professional title examiner should be able to determine its origin and description. You should be able to obtain an answer by contacting the attorney or title company that represented you when you purchased the property.
They cannot do that. There is an implied easement from the original parcel from which your land was created or carved out. You should be able to go to the Clerk of Courts and find the original parcel--they are usually very helpful. Most property records in NC are online for the larger counties like Wake, etc. You may have to go to court, but an attorney's letter can be just as effective.
ClarificationLandlocked land is surrounded by land of others on all sides. If you buy land that is already landlocked you may have bought a problem. Landlocked land is an extremely complicated legal issue and the devil is in the details.First and foremost is the question of when did the land become landlocked. Many landlocked parcels are ancient eighteenth and nineteenth century woodlots or sprout land that was originally separated from the main homestead and farm. The original owners acquired those tracts, sometimes before any roads were established, to furnish wood for building, heating and cooking purposes.
Access was not a concern at the time. They used cart paths to access the property and no one complained about another farmer crossing along the cart paths to access their wood lots (or distant fields in some cases). Landlocking also occurred when a farmer would carve out a small parcel for his child to build a house nearby and no one thought to add a right of access to the deed description. That small tract would then get passed down without legal access.
As the original owners died and their estates were passed down through inheritance those old landlocked parcels were sometimes forgotten. They came forward with no access. For those types of landlocked parcels the modern abutters do not have to grant a present owner access over their land. It would be unfair to impose that obligation automatically on land owners.
There are a few remedies the landlocked owner can explore:
- Purchase access from an abutter.
- Sell the land to an abutter.
- Hire a good attorney who specializes in land issues who can build a case for an easement by necessity or perform extensive title research to try to find some ancient right of access. This type of lawsuit is expensive.
In more modern times states have codifiedprotection for buyers whereby an owner of a larger tract cannot sell a parcel that doesn't have access. However, those laws apply to conveyances where the seller owns the surrounding land and has the ability to grant a ROW.
You must consult with an attorney who can review your situation and explain your options.
Is it possible to revise a master deed or must it always be changed by amendment?
Yes, depending on state laws and the reservation of the right to amend in the body of the Master Deed.
Yes, depending on state laws and the reservation of the right to amend in the body of the Master Deed.
Yes, depending on state laws and the reservation of the right to amend in the body of the Master Deed.
Yes, depending on state laws and the reservation of the right to amend in the body of the Master Deed.
Can you create a life estate in a will?
A person who owns a life estate cannot leave it to heirs. The life estate expires when the life tenant dies.
In another sense a person can inherit a life estate. For example, suppose William is married to his second wife, Sarah. William and Sarah live in the home that William shared with his first wife who died many years ago. It was the family home where he grew up and where he raised his own children. In his will William can leave his home to his children but reserve a life estate for Sarah so that she can continue to live in their home for the duration of her life. When William dies Sarah will inherit a life estate. When Sarah dies William's children will own the property free of her life estate.
Can you ammend a deed to grant water rights if your deed does not have them?
The present owner of the land to which the water rights were granted must release those rights to the present owner of the land that is encumbered by the rights. For example, if Sheila was granted water rights in Judith's land and Sheila no longer needs the use of the water then Sheila must execute a release of all her right, title and interest in the water rights. That could be done in the form of a quitclaim deed from Sheila to Judith. The deed of release should refer to the original document that created the water rights, should state that those rights are being released and should be recorded in the land records.
How do you add your children to your property deed?
You and any other current owners GRANT ownership to themselves and the daughter in a new deed, properly drafted, executed and notarized, and then record it in the appropriate registry in the form and with the fees required.
Does a Notice of Lis Pendens need to be renewed?
That depends on your state law. When you go to sell or refinance it will still show up and you may encounter some problem- either a title insurance company will want a premium to "insure over" it, or it could give your buyer the right to back out. Better deal with it now if possible; it's like a little time bomb that could go off and make problems for you. You should record a release in the land records.
If divorced what happens to the survivor deed?
It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.
It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.
It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.
It does not void the deed in its entirety. A divorce voids the survivorship factor in a tenancy by the entirety because only married people can hold property as TBE. In most states the TBE would default to a tenancy in common but state laws vary and you would need to check your state laws. It does not void survivorship in a joint tenancy with the right of survivorship since unmarried people can hold property as JTWROS.
Can you borrow against joint property?
That is entirely up to the lender. Generally, a lender sets up the transaction so that it can take the property by foreclosure if the borrower fails to pay. Therefore, an experienced lender requires that all the owners sign the mortgage. If only one joint tenant signs the mortgage the lender would only acquire a half interest by foreclosure. A half interest is hard to sell.
Most mortgages that are signed by only one of the owners are errors made by inexperienced lenders.
How long does certified mail take to be delivered?
on average 3-4 days
It also depends on the distance it has to travel. Mailing a letter, using the basic postage stamp, from one town to a town only 20 miles away, can be delivered next day. However, one state to another? I agree with answer above, average 3-4 days. Hope this helped.
Represents ownership in a corporation?
Question is vague. If the corporation sells common stock - then the owners are the shareholders of that stock. If the question is asking who LEGALLY represents the ownership/management of the corproration then it would be the Chief Executive Officer, Chariman of The Board, or some similarly-titled individual.
Can a lawyer place a lien on your property for legal fees?
Yes indeed. If you owe attorney fees the attorney can sue you in court. If successful, a judgment lien will be issued by the court. That judgment lien can be recorded in the land records against your property. Lawsuits for unpaid attorney's fees are not uncommon.
If you owe the attorney a fee you should try to work out a payments plan and make the payments regularly. Be sure to make it a plan you can live with. Most attorneys would rather work things out with their clients than sue them. Just like everyone else they just wanted to get paid for the work they've done.
Most states have a system for attorney fee disputes to be resolved through some form of mediation or arbitration. If you are contesting the fees, you should contact your local bar association to find out how to mediate your dispute.
What if a neighbor says he owns whole driveway if part of it on your side of line?
You may need to get a survey prepared (unless you have one already) and show your neighbor what the problem is. If your neighbor disagrees or pulls out a survey that seems to show your neighbor is right, you may wind up with a lawsuit to "quiet title" if you two can't otherwise come to some kind of agreement. One way might be to chip in 50%50% and have a third surveyor come in. But be careful because one or both of the prior surveyors may have already put in stakes that would give away the situation.
Technically the foreclosure should not effect your credit, because it is a lawsuit against the person(s) who took out the mortgage. BUT, in reality, because your name is on the deed, the foreclosure could make it to your credit report. This is something that wouldn't effect your score much, but someone looking at your report might be able to tell that your home was in foreclosure.
Technically, in Massachusetts and most other jurisdictions, if the lender forecloses it can only foreclose against the person who signed the note and mortgage. If you are a joint owner and didn't sign the mortgage then the lender cannot foreclose on your interest in the property. Your name shouldn't be mentioned in the foreclosure at all and your interest in the property should remain in your own name.
If you want to sell your interest to the lender it should conveyed by a separate deed with you alone as the grantor. You should seek the advice of a real estate attorney who could advise you about your rights and how to make the transfer properly so it doesn't have an effect on your own credit at all.
The lender erred by not having all the fee owners sign the note and mortgage. If only one owner signed then the lender only received that person's interest in the property. Thousands of mistakes like this one, not having all the owners sign, were made by lenders during the lending craze.
How can you get a copy of a deed online?
Not all property records are available online. You need to do a search of your county, state and "land records" to find the location of the land records in your area. You should find a website and then will need to search the site to see if records and copies are available online. Many land record websites are difficult to navigate for a novice. If you find a website you should call their office to see if you can download documents from your computer. Many offices are extremely helpful and often fill orders quickly if so requested.
Some counties will require the book and page or block lot or reel and page number of the document. Many offices will check the index for you if you can give them an approximate date of acquisition, otherwise you'd have to get a referral to a willing abstractor to pull that info, copy the deed and send it out.
On the other hand, there are thousands of online services that do document retrieval for a fee. Online services are good if you're in need of the deed quickly but if you can wait a week or two you should contact the county in which it was recorded since it is much more costly to use a commercial document retrieval company.
How can i void a quit claim deed in Mississippi?
As long as the deed is valid, you cannot void a quitclaim deed. You would have transferred your interest to the grantee and you no longer own the property. You would need a deed from the grantee to restore your ownership.
Probably, given the cited circumstances. Some life estates are "determinable" meaning it automatically ends upon the occurrence of a specific event, other than the death of the life tenant. There are also those which are "condition subsequent", meaning the land is granted for a specific purpose, such as farming. A life estate can also be given to the life tenant for the life of some other person (estate pur autre vie). One of the constants of a life estate is, the tenant(s) cannot squander the property and must pay all expenses, taxes, utilities an so forth, unless there is a directive that states otherwise. The biggest factor obviously would be, if the person is a named life tenant and therefore has occupancy rights.
Can two people be on mortgage and one person on deed?
Generally no, all the owners of a property (and in many states their spouses) must sign a deed of trust or mortgage. The purpose of the mortgage is to give the lender the authority to take possession of the property by foreclosure in case of a default. When all the owners haven't signed, it's usually because someone (at a bank, title company or law firm) has made an error.
If a mortgagor defaults following a properly executed mortgage, the lender can take possession of the property by foreclosure and sell it. If all the owners (and spouses in some states) didn't sign the mortgage then the lender can take only the interest of the owner who did sign the mortgage and cannot take the interest of the owner who did not. Therefore, the lender could not take 100% ownership or possession of the property by foreclosure because it has no claim to the non-mortgagor's interest.
However, remember that what we typically call a "mortgage" involves TWO legal documents, a promissory note AND a recorded document called either a "deed of trust" or "mortgage" depending on state law. It is the promissory note which obligates the borrowers to repay the debt, not the recorded deed of trust or mortgage. The deed of trust/mortgage is the consent by the OWNERS of the property to use that property as collateral for the loan. The borrowers signing the note and the owners ("mortgagors") signing the mortgage do not have to be the same people (although in residential mortgages there is usually at least one person who is both a note borrower AND a mortgagor). It is not always possible to determine from the recorded mortgage who is responsible for the repayment of the note
Does undivided interest lower the value of the land?
No. An undivided interest in property means that two or more persons own the real estate and each has the right to the use and possession of the entire property even if they own only a one-half undivided interest.
China
In China, land ownership means that the land owner has the right to possess, use, benefit from and dispose of land. Land ownership is divided into two categories: state-owned land (or state land) and collectively owned land (or collective land). There are specific provisions on land ownership in several key Chinese laws and regulations (Readers can find the specific provisions on land ownership in Article 10 of the Constitution of the People's Republic of China ("Constitution") ("PRC"), Article 47, 48, 58, 59, 60 of the Property Law of the PRC ("Property Law"), Article 8 of the Land Administration Law of the PRC ("Land Administration Law") and Article 2, 4 of the Implementing Regulation of the Land Administration Law of the PRC ("Implementing Regulation of Land Administration Law").
In China, urban land is owned by the state, and rural and suburban land, which is stipulated otherwise by law to be state land, is owned by the state too. Collective land is owned by the rural collective economic organization ("CEO"), which is roughly tantamount to the entire rural land and most of suburban land. Therefore, roughly, if you are on city land, you can assume that the land is state-owned. However, bear in mind that this assumption is not always the case. As China is emerging as a new market, the city is physically expanding at a rocket pace in the suburban areas, but the land in cities still remains in collective hands from a legal perspective. At the same time, some land in rural area, such as state-owned farms, is owned by the state.
