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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
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.
The government may not take away a persons's property without paying a fair price for it?
Private property. An example would be land that is taken by the government to build a road.
How do you fight a petition to partition?
It is difficult to fight against a partition. The court seeks an equitable remedy when co-owners cannot agree. It does not force people to maintain real estate they do not want to own. The most viable equitable remedy is to sell the property and divide the proceeds equally amongst the co-owners. If you really don't want the property sold your best option is to buy the other owner's interest in the property.
A partition proceeding is costly. Legal costs, court costs, the commissioner's fee and the costs of marketing and selling the property (real estate agent's commission) are all deducted from the proceeds of the sale before the net proceeds are divided amongst the parties. With that in mind your only option is to negotiate with the co-owner(s) by estimating all the costs that would be associated with the partition and then making a reasonable offer to buy them out.
If you don't have the resources to negotiate a buyout then you are out of luck.
Is California a community property state?
Yes. In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
What should you do if you have jointly owned property with a brother and he dies?
The first step is to determine ownership under the laws of the state where the property is located. Ownership rights are determined by the way the title to the property is titled. If the property is held as Joint Tenancy or Joint Tenants With Rights To Survivorship (JTWRS) the propert passes directly to the other owner(s) and is not subject to probate action; if it is held as Tenants-In-Common the share of the property belonging to the deceased is determined by and subject to probate procedure.
Can someone sign their spouse's name on a real estate title without them present?
No. That would be a forgery unless they have a properly executed Power of Attorney.
Can you file a quiet claim deed without an attorney?
That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case.
You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.
That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case.
You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.
That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case.
You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.
That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case.
You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.
Who owns the title of the property?
Ownership of real estate is evidenced and accomplished by a deed. The person who transfers the property is called the grantor and the person who receives it is the grantee. In any deed, the grantee is the new owner. The owner of real estate is said to hold title to it.
What a joint tenancy warranty deed?
Both deeds transfer the ownership of real estate to a new owner. However, they relate to different aspects of ownership.
A warranty deed guarantees that the grantor will defend her title to the property if any title defects arise during the period of ownership of the grantee.
A joint tenancy deed provides how the grantees will hold title. By virtue of a joint tenancy, the interest of a joint tenant who dies passes automatically to the surviving joint tenant with no need of probate.
Both deeds transfer the ownership of real estate to a new owner. However, they relate to different aspects of ownership.
A warranty deed guarantees that the grantor will defend her title to the property if any title defects arise during the period of ownership of the grantee.
A joint tenancy deed provides how the grantees will hold title. By virtue of a joint tenancy, the interest of a joint tenant who dies passes automatically to the surviving joint tenant with no need of probate.
Both deeds transfer the ownership of real estate to a new owner. However, they relate to different aspects of ownership.
A warranty deed guarantees that the grantor will defend her title to the property if any title defects arise during the period of ownership of the grantee.
A joint tenancy deed provides how the grantees will hold title. By virtue of a joint tenancy, the interest of a joint tenant who dies passes automatically to the surviving joint tenant with no need of probate.
Both deeds transfer the ownership of real estate to a new owner. However, they relate to different aspects of ownership.
A warranty deed guarantees that the grantor will defend her title to the property if any title defects arise during the period of ownership of the grantee.
A joint tenancy deed provides how the grantees will hold title. By virtue of a joint tenancy, the interest of a joint tenant who dies passes automatically to the surviving joint tenant with no need of probate.
Yes, joint tenancy is available in West Virginia. If you own property jointly with someone else, and this ownership includes the “right of survivorship,†then the surviving owner automatically owns the property when the other owner dies. The deed should state " . . . to Harry and Sally as joint tenants with the right of survivorship".
Can you sell a house if your spouse isn't on it but you are married?
That depends on the laws in your jurisdiction. You need to consult an attorney who specializes in real estate law in your area.
That depends on the laws in your jurisdiction. You need to consult an attorney who specializes in real estate law in your area.
That depends on the laws in your jurisdiction. You need to consult an attorney who specializes in real estate law in your area.
That depends on the laws in your jurisdiction. You need to consult an attorney who specializes in real estate law in your area.
Can you sell a property with a prescriptive easement?
Answer: A "prescriptive easement" would run with the land and could not be conveyed separately.
IS North Dakota an tenancy by entirety state?
No. The only way to create a survivorship interest in ND is by a joint tenancy:
North Dakota Statutes: 47-02-05. Concurrent ownership defined.
The ownership of property by several persons is either:
1. Of joint interests;
2. Of partnership interests; or
3. Of interests in common.
Do you need a permit to sell food in your own property?
Yes. Anything having to do with selling foodstuff to the public requires a health department inspection and a permit.
Where can I get a copy of a property record?
You can find public records online, at your local city hall or court house.
Look to see if your local government has a website.
That website may provide:
- addresses and phone number for department contacts
- instructions on how to obtain, fill out or pay for public records
- databases that allow you to search for public records
If two people own a house and one person wants to sell it how do you do that?
if two people jointly own property and one of these people offers to sale or buy the property from the other how long is that offer good for?
Judgment liens are what type of lien?
A Judgment Lien is a lien placed on property by a creditor to recover a certain sum of money granted by a judgment awarded in court. The property can not be sold legally while the lien remains unpaid.
What does to wit mean on quit claim deed?
That phrase can have several connotations:
- That is to say
- Namely
- To know
- The following comes to mind
- Specifically
- More precisely
- To clarify
Who is the owner of a condominium?
The titled owner for a condominium unit is the person(s) who owns the unit and may also include the name of a lender who holds title with the owner.
The title is held in the local hall of records generally in the form of a deed.
The answer I received from Law Enforcement was "Yes". I had a hot tub stolen by a former tenant and was told that it was a "civil matter" and not a "criminal matter" when I spoke to the police. Pursuing a case would have cost more than the hot tub was worth.
What is the law regarding adverse possession in Pennsylvania?
how do you aquire and file for adverse possession in northumberland county pa and where do i find available poperty in my city
What rights do one have to property if you are not married?
If you are not on the deed you have no rights in the property. If you are not legally married and the owner dies you have no legal rights in the property.
How many feet of easement is allow from a county road?
There are no universal rules about the width of easements. You need to find the original grant of easement to determine the width. You should call the attorney who represented you when you purchases the property. There should be a copy of the easement with the title examination.
How do you add a third name on a house deed?
The other owner must execute a deed that transfers their interest to you.
The other owner must execute a deed that transfers their interest to you.
The other owner must execute a deed that transfers their interest to you.
The other owner must execute a deed that transfers their interest to you.
