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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
When a grantor does not wish to convey certain property rights?
Those rights must be reserved by the grantor if the property is transferred to a new owner. This is often an issue in certain regions in cases involving mineral rights.
Can you get homeowners insurance with a felony arson conviction?
Most homeowners insurers will deny coverage to such a person for a stated number of years. The duration of time will vary with the insurer.
What is the Statute of Limitations for adverse possession in Illinois?
Adverse possession is the retaining of a property through staying in a place for an extended period of time. Adverse possession limitation for Illinois is forty years.
A tax on the ownership of land or buildings is what type of tax?
Generally, in the United States, that type of tax is a property tax.
Generally, in the United States, that type of tax is a property tax.
Generally, in the United States, that type of tax is a property tax.
Generally, in the United States, that type of tax is a property tax.
What is a property conveyance?
In law, a property conveyance is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or an easement right in land.
In law, a property conveyance is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or an easement right in land.
In law, a property conveyance is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or an easement right in land.
In law, a property conveyance is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or an easement right in land.
I'm pretty sure you can. I mean, if it was just him/her on the document it would be up to his/her whole family. But since both of you had legal rights to the house, I would think you would be the only person able to sell it once your spouse dies.
It depends on the type of deed. If it has a survivorship clause, as in Joint Tenants or tenants in the entirety, a copy of the death certificate and the deed are enough to sell the home. If it is tenants in common, you will have to have the executor of the estate sign off on the sale.
How do you prepare a lifetime rights to live in house deed?
Whenever you transfer real property the deed should be drafted by an attorney. Errors made by non-legal-professionals can be costly to correct. You should speak with an attorney, discuss your needs and options and let her draft the deed.
What are reasons why you add someone to the deed of a house?
It should never be done lightly and only after consulting with an attorney who can review the situation, explain the consequences and draft a proper deed.
- Marriage- to create a survivorship interest in the couple to avoid probate.
- Committed non-marital relationship to create a survivorship between the parties to protect their interest and avoid probate.
- Convenience as when a parent adds a child to their deed creating a survivorship interest to avoid probate.
It should never be done lightly and only after consulting with an attorney who can review the situation, explain the consequences and draft a proper deed.
- Marriage- to create a survivorship interest in the couple to avoid probate.
- Committed non-marital relationship to create a survivorship between the parties to protect their interest and avoid probate.
- Convenience as when a parent adds a child to their deed creating a survivorship interest to avoid probate.
It should never be done lightly and only after consulting with an attorney who can review the situation, explain the consequences and draft a proper deed.
- Marriage- to create a survivorship interest in the couple to avoid probate.
- Committed non-marital relationship to create a survivorship between the parties to protect their interest and avoid probate.
- Convenience as when a parent adds a child to their deed creating a survivorship interest to avoid probate.
It should never be done lightly and only after consulting with an attorney who can review the situation, explain the consequences and draft a proper deed.
- Marriage- to create a survivorship interest in the couple to avoid probate.
- Committed non-marital relationship to create a survivorship between the parties to protect their interest and avoid probate.
- Convenience as when a parent adds a child to their deed creating a survivorship interest to avoid probate.
Condo owner has not paid associations fee's for six months can we file a property lien?
The answer to your question is available in your governing documents.
It is probably 'yes'.
In some governing documents, assessments automatically become a lien against the property's title, and the lien becomes formal and executable once the board or the association's attorney files the lien with a court.
How do you search property title records online?
Property records are public. You can find them by performing a search for "public land records" for your city, county or state. You could also phone your town clerk and ask the location of the local land records office. Once you find the correct location for the land records in your area of interest you can go and look up any property. The staff will show you how to use their indexing system.
Locating a lost, unrecorded deed can be a daunting task. Most lost deeds are never found and their loss forms the basis for title defects that need to be cleared by a court order years later. See the related link provided below for an article regarding how to search for a lost will. It will give you some ideas on where to look.
Your question illustrates the importance of recording deeds in the land records as soon as they are executed and delivered. Once a deed is lost, there is no evidence that the grantee in that deed ever owned the property.
Can release of deed be cancelled?
Generally, no. A deed cannot be revoked unless it contains a reverter clause providing that the property will revert to the grantor unless certain conditions are met and those conditions are not met.
For example: A deed reserving a life estate may transfer the fee to adult children on the condition that the children provide all the necessities of life (food, clothing, housekeeping, maintenance, care, etc.) to the grantors for the duration of their lives. If the care isn't provided the parents could arrange to record a statement to that effect and the title would revert. That type of situation should be supervised by an attorney. In a normal conveyance without conditions, the deed cannot be cancelled except by a court order.
If you want to know whether a life estate can be cancelled- it can be, voluntarily by the owner, by a signed release recorded in the land records.
How do you add a name to a quit claim deed?
To become an additional named owner in a deed, you would need to have someone prepare a new deed to be signed by the current owner, granting the property from the current owner to you AND the current owner. The attorney you hire to help do this will explain the different meanings of other words that can be used to describe the intent of your relationship (joint tenants, tenants by the entirety, joint tenants with right of survivorship, tenant for life estate, etc), as well as the risks in being named in the deed (tax liens, mortgages, premises liability, etc).
Who is responsible for paying the mortgage after a quitclaim deed?
The mortgagor is responsible for paying the mortgage. The mortgagor cannot quitclaim the property while the mortgage is outstanding. Mortgage documents have a due on transfer clause whereby the lender will call in the loan if there is a transfer of ownership. Ignoring that provision will get you and your purchaser in a lot of trouble.
The mortgagor is responsible for paying the mortgage. The mortgagor cannot quitclaim the property while the mortgage is outstanding. Mortgage documents have a due on transfer clause whereby the lender will call in the loan if there is a transfer of ownership. Ignoring that provision will get you and your purchaser in a lot of trouble.
The mortgagor is responsible for paying the mortgage. The mortgagor cannot quitclaim the property while the mortgage is outstanding. Mortgage documents have a due on transfer clause whereby the lender will call in the loan if there is a transfer of ownership. Ignoring that provision will get you and your purchaser in a lot of trouble.
The mortgagor is responsible for paying the mortgage. The mortgagor cannot quitclaim the property while the mortgage is outstanding. Mortgage documents have a due on transfer clause whereby the lender will call in the loan if there is a transfer of ownership. Ignoring that provision will get you and your purchaser in a lot of trouble.
Can father sell property without consent of his son?
If the property is in your name alone then you can sell it.
How do you transfer ownership of piece of land from deceased parent?
You would check your deceased parents' names in the "grantee" index where the land records are filed to determine what land they acquired by deed. If they inherited land you would then check their parents' names in the "grantee" index to see what land they acquired by deed. That process would be repeated backwards in the land records for each generation as necessary. Please note that is only half of the process. After you have checked to see what land they acquired by deed or inheritance you would then check them in the "grantor" index forward in time to determine whether they ever sold any of the land they owned. You should first check probate records for any wills or administrations that would list the real estate owned at death.
Is there a statute of limitation on property in tx?
The general rule is 4 years.
http://www.realtimelaw.com/draft4.pdf
What does it mean when your name is not on the deed but it is on the mortgage?
It means that you have promised to pay for real property you do not own. It means you are fully responsible or paying the mortgage if the primary borrower, the owner of the property, fails to make the payments.
If you are not an owner of the property and yet you signed a mortgage then you have volunteered to pay the indebtedness if the co-mortgagor (assumed to be the owner of the property) does not pay. One must wonder why you would sign the mortgage when you don't have any interest in the property. You have placed your credit record and your finances at risk.
If the owner doesn't pay the mortgage and the bank forecloses then your credit will be ruined and the bank may go after you for any shortfall after the property is sold at the foreclosure sale. If the owner fails to pay and you don't want your credit ruined then you will need to take over paying the debt. If you help to make the mortgage payments the owner could toss you out at any time. You will get no return on your investment. You have obligated yourself to pay for property you don't own.
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The above is completely wrong.
If you are on the NOTE and not the deed then you agreed to repay the debt with no interest in the property.
If you are on the mortgage it only means that you agree to give up any rights to the property if it is foreclosed on. The mortgage is not an obligation to pay the Note is the obligation to pay.
If a life tenant dies what rights does his family tenants have?
When a life tenant dies so does his right to occupy the property. His family inherits no rights unless they are the remaindermen and own the fee to the property. In that case, they own the property free and clear of the life estate. However, the life tenant may have left personal property inside the home. If so it would pass according to their will or according to the laws of intestacy if there was no will. You can check the laws of your state at the related question link below.
Why is there community property laws in some state's and not in others?
In the United States most of the community property states are in the West where legal systems were influenced by Mexican Law. The law in Mexico is based on Spanish Law which is derived from Roman Law (civil law). The law in Louisiana is traced through The Napoleonic Code to Roman Law. The community property states are:
• Arizona
• California
• Idaho
• Louisiana
• Nevada
• New Mexico
• Texas
• Washington
• Wisconsin
The law in the original colonies was influenced by English Common Law.
How can you become the owner of someone else land?
You can convey your interest in land by executing a deed that transfers your interest to a new owner. However, if you also signed a mortgage, conveying your interest in the land by deed will not affect your responsibility to pay the mortgage.
Are crops considered real or personal property?
Growing crops are considered to be part of the land. If a farmer sells her farm while crops are still in the ground she must reserve the right to harvest them. Once crops have been detached from the ground, or harvested, they become personal property.
Do property mineral rights expire over time if unused?
Generally, no, unless that condition (a time limit) was made a part of the original grant of mineral rights.
Generally, no, unless that condition (a time limit) was made a part of the original grant of mineral rights.
Generally, no, unless that condition (a time limit) was made a part of the original grant of mineral rights.
Generally, no, unless that condition (a time limit) was made a part of the original grant of mineral rights.
Can anyone use a nonexclusive easement?
No. Only the persons who were granted the right to use it, and their invitees, have the right to use it.
For example:
- Suppose a property owner owns waterfront land on a small lake and subdivides the parcel into ten lots that encompass a privately owned beach. As the lots are sold each deed grants the right to use the private beach to the grantee, their heirs and assigns. The owners of each lot have a non-exclusive easement right to use the beach. The lot owners who live up the road in another subdivision do not have any right to use that beach.
- Suppose the owner of that tract decided to build a large home on the tract instead of subdividing. She decided to sell off one lot to fund her construction. The purchase price was expensive but the grantee also acquired the exclusive right to use the entire beach that runs the length of the original parcel. The owner of the remaining tract cannot convey those beach rights to any other party although other lots could be carved out of the tract.
