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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 does seized in fee simple mean?
That means you own absolute title to land, free of any other claims against the title, which you can sell or pass to another by will or inheritance.
That means you own absolute title to land, free of any other claims against the title, which you can sell or pass to another by will or inheritance.
That means you own absolute title to land, free of any other claims against the title, which you can sell or pass to another by will or inheritance.
That means you own absolute title to land, free of any other claims against the title, which you can sell or pass to another by will or inheritance.
Do children have rights in or to community property if father dies but mother is living?
You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse.
Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.
People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.
Can you adopt someone over 18 and make them an heir to your estate?
Adoption law varies state to state but in general the short answer is yes. You can adopt someone of any age. Of course, to make someone an heir to your estate, the easier way would be to execute a will.
Does your husband really love you if he kicks you out of the house?
You have two choices here. You can be honest with yourself and see why he would react in this way, but if he was wrong and you didn't deserve it then it's time you saw a lawyer and had something done about this or you could lose property, kids, possessions as well. The law in most Western countries is you have to split half-in-half and by throwing you out he is breaking the law. If you don't come back to the house within a 24 hour period this could be classed as desertion and you could end up losing everything.
Only you know if you can successfully sit down and communicate with your husband. Give it a shot!
Is a cemetery niche for cremains personal or real property?
Cemetery property is defined as personal property, this is because you dont pay real estate taxes on it and your "deed" as it may be called is for only one use, an interment right (the right to place cremated human remains) inside of it. If it was real property your rights of use would be hinged with an ownership and you would be responsible for at least a portion of the property tax associated with the parcel.
Is North Carolina a lien theory or title theory state?
Title theory, bank will hold the title to property as long as their is a mortgage
How do you reverse a life estate made by the original owner?
THE TENANT IS STILL ALIVE BUT HAS MOVED
we need to know more facts. Who granted the life estate? Are they still alive? Were there any terms to the life estate, such as "if unable to occupy for six consecutive months, the life estate terminates". The person granted the life estate can also terminate it by filing a document at the registry of deeds.
How long does a quitclaim deed take to be recorded in fl?
To actually have the process take place? It depends on the speed and efficiency of the Clerk's Office. You can probably request expedited handling if it's THAT important.
How do you fill out a survivorship deed?
Yes, you can show survivorship in several ways: tenants by the entirety, joint tenants, and joint tenants with right of survivorship (required in some states).
Some deeds even say, "... grant to X and Y, husband and wife, as joint tenants with right of survivorship and not as tenants in common," in case there was any room for doubt.
Unless your local laws say otherwise, "joint tenant" is all you need to say, as it implies the undivided joint interest between the named parties and the agreement that the last surviving member of the list acquires the full remaining property at that time.
Caveat:Deeds should always be drafted by a professional who is familiar with the laws in your jurisdiction. Errors made by non-professionals can be costly to correct if they can be corrected. The parties must discuss their needs with an attorney who will then explain their options and draft a proper deed.
How can You find out if there is a certificate of occupancy for your residence?
Call your local town office and ask to be connected to the department that issues Certificates of Occupancy.
What happens when one person in joint tenancy deeds his portion to another person?
A conveyance by one joint tenant breaks the survivorship tenancy and the property is held as tenants in common.
Can you inherit from a survivorship deed?
No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.
No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.
No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.
No. Property owned by virtue of a survivorship deed passes automatically to the surviving joint tenant on the deed, bypassing probate. Upon the death of that surviving joint tenant, the property would pass to their estate and would be distributed under the terms if their will or according to the state laws of intestacy if there is no will.
Ted Turner owns over 500,000 acres of land at his ranch in Montana.
Does the property owner of ingress and egress easement have a right to put a gate up for security?
No because the easement is not owned by the holder. The easement holder does not have the right to put up a gate, they only have the right of ingress and egress through someone else's property.
When assaulted on someone's property can you sue the property owner?
Yes. But the success of the lawsuit depends on the circumstances and whether you can prove some sort of negligence or strict liability on the part of the property owner. You should seek the advice of an attorney or make a claim against the owner's insurance company for your expenses.
What is a Rescission of security deed to secure debt?
This means that the escrow paid off the first trust deed using the money from a refinancing. The cancellation of deed to secure debt occurs if a person refinances their mortgage.
If a property is in a life estate are you still able to sell it?
You cannot sell property free and clear of a life estate unless the life tenant consents to the sale and releases their life estate. Otherwise, the buyer would take the property subject to the life estate.
What if a property lien release is lost?
If the lien affects your land you must obtain a new original copy of the release and record it in the land records. You may be charged a fee for the replacement and there will be a fee for the recording.
Where do you find if there are deed restrictions for your property?
First, read your deed. There may be restrictions recited in the deed. However, deeds do not always mention all the restrictions and encumbrances that affect the property. You should also contact the attorney who represented you when you purchased the property and request a copy of the title report. It should list any encumbrances that affect your property.
Can the life tenant release the life estate?
A life estate is not a fee interest and a bank will not loan money on real property unless it can take the property by foreclosure in the case of a default. The fee owners (or remaindermen) would need to consent to the mortgage.
The exception is the "enhanced life estate" available in Florida and few other states whereby the life estate holder has the power to sell and mortgage the property during their life.
Is it illegal if both parties don't sign a multiple listing agreement?
The parties would not have a legal contract. A multiple listing agreement is a contract. In order for a contract affecting real property to be enforceable, all the owners must sign it. If only one owner signs, the other party (the real estate agent) has no agreement with the other owner and the property cannot be listed, marketed, shown or sold.
How many square miles are in a section of land?
One section equals one square mile and that equals 640 acres. However, keep in mind that sections are not always nice and square. Due to the various surveyors who performed the original surveys, the geology and uneven surface of the earth, its curvature and the failure of neighboring sections to "butt up" perfectly, there may be variations and overlaps that may shorten/lengthen subsections.
Does a will trump a joint tenancy with right of survivorship?
The Joint Tenancy gives the surviving spouse ownership of the house without having to pay inheritance tax and other things. The items in the Will, have to go through Probate and be distributed to the beneficiaries.
Do beneficiary names need to be on a deed that is in the name of the trust?
No. If the trust was created to hold the real property then the trustee of the trust will be listed as the owner. If the beneficiaries are listed in a deed as the owners the property will no longer be held in trust. The property must be held in the name of the trust OR the name of the beneficiaries of the trust as individuals.
