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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
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.
I think you might have meant "Grant Deed", not "Grand". It is something that means you are given rights to own a certain property. Not sure of the EXACT definition though. * A grant deed is the common type of deed used to transfer property from the seller to the buyer (or company) or inherited property from the name of deceased to the beneficiary and so forth.
Can a land owner be forced to accept an easement?
If you can locate the owner of the easement, and that person is willing to release their rights to the easement, the process is fairly simple. The easement owner would need to sign a "release of easement" in the presence of a notary public, and the release would need to be recorded in the county where the property is located. Upon recording of the release, the easement would no longer affect your land.
In most cases, an easement owner does not have to release rights to an easement if he does not want to. You should contact an attorney who specializes in real estate law who can review the title to the premises and explain your options.
What happens to the house when both parents die and a sibling is living at the property?
The property goes into the estate and distributed. It is possible that it could be inherited. Most likely it will need to be sold and the proceeds divided between the children.
How do you record a deed years after you purchase the property?
Any deed should be drafted by an attorney who specializes in real estate law. A deed affects the permanent transfer of ownership of land. Errors made by non-professionals (including many new attorneys or those who do not specialize in real estate law) can be costly to correct if they can be corrected. A deed cannot be "called back" or cancelled by the grantor once it has been executed and delivered.
Joint tenancy is actually a term involving ownership of property. The two most common legal forms of property ownership involving two or more people are as "joint tenants" or as "tenants in common." Spouses of one another generally take title as joint tenants, because on the death of a joint tenant the surviving joint tenant automatically becomes the owner of the property. If they had been tenants in common, the deceased person's share would have formed part of the deceased person's estate, which might not have been left to the surviving tenant in common.
Is quit claim deed valid only when grantor dies?
Generally, in the United States, when a person dies owning real property their estate must be probated in order for title to pass to the heirs legally. Once the title has passed legally the heirs can convey the property by a quitclaim deed to a new owner. You should seek the advice of an attorney who specializes in probate.
What is an easement by prescription?
may be created by continuous and uninterrupted use, by a single party, for a period of five years. The use must be against the owner's wishes and be open and notorious. No confrontation with the owner is required and property taxes do not have to be paid. The party wishing to obtain the prescriptive easement must have some reasonable claim to the use of the property
Can you amend a quitclaim deed?
Yes, you can if you OWN any intest in it. If you have an interest in, let's say a piece of land. you may sell your quit claim deed to anyone for a penny on up. If trying to sell your's for money, you will probabably need to know the fair market value of it. Realtors* do this for free. If it has to hold up in court, you would hire the service of a licenced land appraiser IN YOUR AREA.
Otherwise you may sell your quit claim deed for what ever the buyer will pay. No one can govern the amount of profit you make. It is up to the buyer to do the homework. I can ask one million dollars for my left tennis shoe. It doesn't mean I'll get it. But, if I do sell it, it's fair unless I've made phony claims of it's worth. L.T.B.B. (Let the buyer beware)
A quit claim deed can be used to sell property.
However such a deed does not give the purchaser any guarntee that the title is not defective nor does it guarantee the quantity or quality of the property in question.
Likewise it does not take away the rights of the buyer to pursue any legal action nor give the seller immunity from such litigation.
ClarificationDeeds are not sold. A deed represents a person's interest in real estate. If a person desires to sell their interest in real estate they must execute a new deed that conveys whatever interest they may have in the real estate.They would not be selling their deed. They would be selling their interest in the real estate. It is up to the purchaser to have the title to the real estate examined by a professional to make certain the grantor in the deed owns the property.
Can a life estate creator and owner change their mind and get the property back?
No. They have transferred ownership to the new owners. They no longer have any ownership interest in the property. If they want the property back the new owners must agree to transfer it back by deed.
No. They have transferred ownership to the new owners. They no longer have any ownership interest in the property. If they want the property back the new owners must agree to transfer it back by deed.
No. They have transferred ownership to the new owners. They no longer have any ownership interest in the property. If they want the property back the new owners must agree to transfer it back by deed.
No. They have transferred ownership to the new owners. They no longer have any ownership interest in the property. If they want the property back the new owners must agree to transfer it back by deed.
What is the Massachusetts tax lien expiration period?
A judgment lien lasts for 20 years in Massachusetts. However, when recorded in the land records so as to affect real estate the lien must be rerecorded every six years in order to remain effective against the real estate.
Generally, the term deed of trust can have different meanings in different jurisdictions and different transactions affecting land:
- The deed that conveys real property from an individual owner TO the trustee of a a trust that has been created in a separate trust document is called a deed of trust.
- In a different scheme a deed can convey real property from an individual to another individual AS THE TRUSTEE FOR someone else and then set forth the terms of the trust within the deed document.
- In either case, a deed of trust is the deed that conveys property TO a trustee. The deed FROM a trustee is not referred to as a deed of trust.
- In some jurisdictions a deed of trust is used in much the same way as a mortgage with the trustee holding the property until the debt is paid. Once the debt is paid the trustee executes a deed of release.
How do you change title on property at death?
The fact that there is a car to be transferred means there is an estate. By this I mean there is an asset in the name of the decedent alone and that asset constitutes the estate of the decedent. If no one has come forward or wants to come forward to probate a will or to have letters of administration granted to begin estate administration, then the person who is legally entitled to the car has a right to apply to the probate court for probate of the will (if there is one) and for appointment of an executor. That person also has a right to apply for letters of administration if there is no will. The rule here is that if a named executor does not want to do anything or if the family members entitled to be administrators do not want to do anything, then any person with some interest in the estate may apply to the probate court for appointment of the appropriate type of personal representative who will have the power to transfer title.
Additional InformationIn most jurisdictions there is a simplified procedure for small estates. In Massachusetts it's called a Voluntary Administration and is used specifically to transfer ownership of a car. It is quick and inexpensive and does not require all the filings and expense of a regular probate process. Even if the decedent had a will it can be filed with the VA if there is no other property in the decedent's name. Check with your local probate court for the simplified probate procedure in your jurisdiction.If there is other property in the name of the decedent and it's not a small estate then his estate must be probated. The property will pass according to the will or the state laws of intestacy if there is no will. Once an executor or administrator has been appointed they will have the authority to transfer the title to the appropriate person.
How do you identify a property owner using the address?
Your local Tax assessor has public record of all ownership information for its particular county or parish.
Option 1: The local tax assessor's office has public records that show property addresses and the owners. Many also provide the latest deed information. Many are available online but the online systems do not always provide the name of the owner. You may need to visit in person for that information.
Option 2: Perform an online search to find your local land records office by using your county. state + "land records". Many systems are available online or you can visit and search the records in person.
Option 3: Several websites on the web have collected this data into databases you can search. This being the least accurate and less probable of obtaining the information you need considering they only contain limited areas. Also, they charge a fee.
How can a covenant restriction that runs with the land be overturned or modified?
That depends on the details. They can be modified or rewritten in their entirety if the original maker reserved that right in the original document. If the right to make changes was not reserved then you need to consult with an attorney who can review the situation and explain your rights and options.
What can you do you if you have lost your grant deed?
You can visit the land records office and obtain a copy of the deed. Copies are available online from some offices. You can perform an online search using your state, county + land records to find your local land record's website. You can find contact information and whether copies can be obtained online.
You can visit the land records office and obtain a copy of the deed. Copies are available online from some offices. You can perform an online search using your state, county + land records to find your local land record's website. You can find contact information and whether copies can be obtained online.
You can visit the land records office and obtain a copy of the deed. Copies are available online from some offices. You can perform an online search using your state, county + land records to find your local land record's website. You can find contact information and whether copies can be obtained online.
You can visit the land records office and obtain a copy of the deed. Copies are available online from some offices. You can perform an online search using your state, county + land records to find your local land record's website. You can find contact information and whether copies can be obtained online.
Can you go to jail if you sell a car with a lien on it?
In most states a vehicle can be sold if it has a lien on it. However, if the vehicle is sold and the lien is not paid, it is a criminal offense. It is actually theft.
Will the house go into probate if one spouse dies and both names are not on it?
Generally, yes. Any estate that holds real property must be probated in order for title to pass to the heirs. However, laws vary in different jurisdictions. A surviving may have special rights in community property states.
In separate property states the property will pass according to the provisions in the decedent's will or according to the state laws of intestacy if there is no will. In many jurisdictions the surviving spouse will inherit the estate, however, that scheme is not universal. In some states the children receive a share of an intestate estate especially when the surviving spouse is not their parent.
You need to consult with an attorney in your jurisdiction who can review your situation and explain your options.
Is it a crime for you to buy stolen property if you did not know it was stolen?
Yes, you definitely could. And after you get arrested for receiving stolen property, you will have to produce evidence or a believable explanation why you didn't know it was stolen when you bought it.
If someone offers you a deal that sounds too good to be true. . . BELIEVE IT. . . it usually IS.
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Really? I think you got it backwards your accuser has to prove you DID know it was stolen. In America it is innocent until proven guilty. Or that is the way it is supposed to be at least. Offer to take a polygraph test and tell the authorities who sold it to you. Then after you are found innocent celebrate by you and a couple of your friends paying a visit to your accusers house and beat them over the head with a baseball bat For lying about you.
Okay you may get in trouble for the baseball bat part but are there any lawyers out there that can tell me if I am right about the first part?
How can you tell if your title is a joint tenants or tenants in common title?
The only way is to read the deed. It will specify how the title is written.
For example, if it says "joint tenants", "jointly" or "tenants by the entirety", or "a married couple", it is joint title. Otherwise, if it simply lists two or more names then there is a presumption that they are are "tenants in common."
Similarly, if title is passed by will, the specific words will determine if title is joint or common, as in "to my surviving children jointly with right of survivorship" or "to my surviving children."
ClarificationIn some jurisdictions simply referring to the owners as a married couple will not create a joint tenancy with the right of survivorship. In those states, a tenancy in common is the default tenancy if the tenancy is not specifically created in the deed. Massachusetts is one example. In some states simply reciting joint tenants in a deed does not create a joint tenancy. The words, "with right of survivorship" must be stated clearly. You need to check your state laws regarding creation of a joint tenancy.
How can someone remove one of the homeowners name off of a deed?
DISCLAIMER: I AM NOT AN ATTORNEY NOR AM I ANY OTHER SORT OF LEGAL OR REAL ESTATE PROFESSIONAL. THIS IS NOT LEGAL OR PROFESSIONAL ADVICE. You'll probably need and want an attorney to help with this. My understanding of the way this is generally done is the the owner being removed will deed--effectively, sell--his/her interest to the other owner, usually in exchange for some token amount, like "one dollar, love and affection." You might find some sort of pre-written, fill-in-the-blanks form for this, but you'd want to make sure it's valid for your locality, and you'd be at your own risk to make sure it got executed and recorded properly. If there's a mortgage or any kind of lien on the property, then that will be another level of complexity, as the lienholder's interest will have to be looked after as well. Just taking one's name off the deed might not eliminate his responsibility under the lien. No way I'd try to tackle that one without an attorney. A title company can help you with this, for a fee. However, you will also have to notify your mortgage company, since the loan was made to both of you.
Can you force someone to take their name off a quit claim deed?
Yes, if by signing the quitclaim deed they transferred all their interest in the property to a new owner.
Yes, if by signing the quitclaim deed they transferred all their interest in the property to a new owner.
Yes, if by signing the quitclaim deed they transferred all their interest in the property to a new owner.
Yes, if by signing the quitclaim deed they transferred all their interest in the property to a new owner.
What is the difference between a deed restriction and a restrictive covenant?
A deed is the document by which real property is conveyed. A warranty deed is a special type of deed in which the grantor guarantees clear title and will defend it against all claims. It is in contrast to a quitclaim deed which only conveys whatever interest the grantor may have in the property.
A deed restriction is some limitation affecting the property. In most jurisdictions it need not be recited in the deed to be effective. That's the reason title examinations are so important; to disclose restrictions and encumbrances that are not mentioned in the deed.
For example, land could be conveyed subject to the restriction that it not be used for commercial purposes. It could be conveyed subject to Wetlands restrictions if there is a wetland, river, brook, pond or lake nearby. It could be restricted to a dwelling of a certain size.
Mom and son on deed and their heirs and assigns what happens?
Nothing "happens". Heirs and assigns are words traditionally used in deeds to convey a fee simple interest or absolute ownership. It just means that mom and son own the property together and each can leave their interest to their heirs if they own as tenants in common, or they can sell the property.
If the deed reads moms name to daughter with life estate rights who actually owns the house?
If you mean deed to daughter, with mom reserving a life estate, then mom owns a life estate, remainder to daughter. Mom has the right to live in the house, has the duty to maintain it, has the duty to pay taxes on it. If there's a mortgage, mom has to pay the interest. Daughter has to pay reductions in principal. Neither has the duty to insure it, but if mom insures it, mom gets the proceeds on any policy claim.
