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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
A deeded lot is given to another person and is now owned by that person
Can you sell a private right of way?
Usually, in most cities, counties, and states, a right of way can be paved if the structrual section of the newly paved area is equal to or greater than the structural section of the public way (or street) it joins.
(The sturctural section being "X" inches of sub base material, "X" inches of base material and "X" inches of concrete or asphaltic concrete.)
In some cases, paving of the right of way in any mannet is allowed with the understanding that it will be torn out if the city, county, or state decides to use the right of way for a street widing project, sidewalk or the like.
How do you delete a deceased spouse's name from deed?
Names are not removed from deeds. If there is a change in ownership a new deed must be drafted and recorded with the following exceptions:
- the deed is a survivorship deed
- the property was inherited
The following is general information.
The answer depends on how the owners held title. If they held as joint tenants with the right of survivorship and you are the surviving joint tenant then you need to recorded a death certificate in the lands records office. Once recorded the death certificate will notify the world that you are the surviving owner of the property. A new deed is not required. If you wish to have a new deed in your name alone you should contact an attorney who specializes in real estate law.
It the property was held as tenants in common the decedents estate must be probated in order for legal title to pass to her heirs under the terms of her will or according to the state laws of intestacy if there is no will. In that case you need to contact an attorney who specializes in probate law who can review your situation, explain your options and advise you about drafting a new deed.
According to most state laws, without a will, the wife is entitled to a portion of her husband's estate. If he didn't have a will, and had children, the whole estate, including the house, gets divided according to the state's law. Some states have homestead provisions, which again means she has an interest in the property, if it was her main residence. But the percentage is sometimes capped by the state's laws.
You can check your state laws of intestacy at the related question link provided below.
How do you get a deed for property you own?
A deed is delivered from the seller to the buyer at the closing. At the time of your purchase, if you were represented by an attorney, your deed was recorded in the land records and the original was mailed back to you. If your original is lost, you can obtain a copy at the land records office for a nominal fee. In Massachusetts the land records are available online in most counties and you can print a copy from your home computer.
If your deed was not recorded then you must find it and record it in the land records. If you can't find it then you have no proof that you own the property.
If you inherited the property. The decedent's estate must be probated in order for legal title to pass to you. Although the probate records will show your legal title to the property, the attorney who handled the estate can draft a proper deed for you than can be recorded in the land records.
Do you have claim to a house if your name is on deed but you are not married?
You have asked a complicated question.
Many people execute a quitclaim deed to a partner or spouse after they have purchased and mortgaged their property. If that is the case, the original owner should notify the bank of the change in ownership and the bank may require the new co-owner to sign a consent to the mortgage. If the bank isn't notified, you acquired an interest in the property subject to the mortgage and the mortgagor has breached their mortgage agreement with the bank. The bank can demand immediate payment of the balance due on the mortgage and can take possession of the property if the mortgage isn't paid.
Another possibility is that if the mortgage is paid on time and the bank does find out about the transfer to you and notify the mortgagor that they have breached the agreement then you own a half interest in the property.
On the other hand, if two people own property by deed and only one granted a mortgage, the bank has only a half interest in the property. If the mortgage is foreclosed the bank will acquire only a half interest in the property.
How do you transfer the Deed to your name?
In the United States ownership of a motor vehicle is evidenced by a Certificate of Title issued by the Department of Motor Vehicles in every state. To transfer title the old Certificate is signed by the present owner and the new owner's name is written in the appropriate box on the back in the appropriate place. Follow the directions on the Certificate. The old Certificate is then surrendered to the DMV and a new Certificate is issued in the new owner's name.
Title to real estate is transferred by deed.
If you do not own your mineral rights can a company lease them and drill on your property?
no. if you own the surface rights they cannot have a road, tanks, pump, or road with out your approval.
Is New Mexico a community property state?
No, it is not. There are currently only nine states in the US that are community property states. Most of them are in the West. They are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
Can wife sell joint property without husband's signature?
No. Your husband cannot sell your interest in jointly owned property without your signature. What he can do with his owninterest in the property depends on the tenancy.
If you own as joint tenants with the right of survivorship he can sell or mortgage his half interest but not yours. In that case he would need to find a buyer or banker interested in sharing the property with you as a co-owner.
If you own as tenants by the entirety he cannot sell or mortgage his interest in many states. In other states a peculiar arrangement would result if he sold or mortgaged his interest:
- The bank would take the place of the mortgagor in the tenancy by the entirety. Let's say the husband executed the mortgage and then defaulted. The bank would acquire the husband's interest in the property subject to the wife's interest and to her right of survivorship. The bank and the wife would become co-owners. That means if the husband dies, the wife gets the property free and clear of the bank's interest since the bank is standing in for the husband in the tenancy by the entirety. If the wife dies the bank gets the property free and clear of any other interests. Practically speaking, this is not a profitable position for the bank. A similar situation would occur if the husband conveyed his interest to another person. That person would simply take his place in the tenancy by the entirety with the wife.
Some states prohibit one tenant by the entirety from conveying their interest and a mortgage by one may be invalid. You need to speak with an attorney in your state who specializes in real estate law.
What does joint tenants unto the survivor of them their heirs and assigns mean?
The statement is misleading. It refers to two different forms of property ownership.
A joint tenancy with the right of survivorship creates a tenancy whereby if one owner dies the surviving owner becomes automatically the sole owner of the property without need of probate.
When one owner in a in a tenancy in common dies their interest in the property passes to their heirs by their will or by the laws of intestacy if there is no will. Their estate needs to be probated in order for title to pass to their heirs.
How can you add someone to property deed in Indiana?
You can't add property to your deed. If you acquire additional property then it must be transferred by the owner to you by another deed.
If you own several parcels of land and want to have them all listed on one deed then you should seek the advice of an attorney who can review your situation and explain your options under the laws of your state. You may be able to consolidate the parcels into a single deed and that deed should be drafted by an attorney.
How do you take your ex wife's name off the deed to your house?
Have her sign a Quit Claim deed giving you her rights in the house. Of course, she is likely to want something in return! In other words, you are going to have to buy her share of the house. Just another reason why marriage is a better legal option!
The grantee in a life estate is the life estate owner. If they die the life estate is extinguished and the property is free of the life estate.
However, if you have your terms reversed please review the following. The grantor is the person who owns the property. The owner can grant a life estate and that person is the grantee. If the grantor dies the decedent's heirs would inherit the fee to the property either by will or under the state laws of intestacy. However, the life estate owner retains their life estate and the heirs acquire title subject to the life estate. The life estate owner would still have the right to the use and possession of the property for the duration of their natural life. They would also be subject to any statutory law regarding the obligations of a life estate owner in maintaining the property, paying taxes, maintaining insurance, etc..
The property next door wants to make a road on my land what right of way do they have?
You need to check the title to both properties to determine if the right to use the driveway was ever granted to any owner of the neighbor's property. If the use has been open and has been going on for years they may have established rights that could be formally established by a court decree. You should discuss the matter with the attorney who represented you when you purchased your property. The encroachment should have been addressed in the title examination or plot plan.
Who is responsible for which side of the property boundary fence?
In the UK there is no specific law or rule governing which boundary fence one is responsible for maintaining, unless it is specifically marked with a "T" on the land registry plans. The next course is which neighbour has been maintaining which fence which is a resolution but not a legality, although the duration over which this line has been established can be a strong determining factor in boundary disputes.
It seems that, without a definite diktat within the deeds, both neighbours are equally responsible for the boundary. It is in both parties interests therefore to maintain cordial relations as to how this is achieved, equally it is important to maintain a distinct delineation in accordance with the deed plans as the latter are not typically detailed enough and it is the physical presence of a recognised line, and its period of recorded existence that will be a deciding factor in any dispute.
The people who are born in the country they reside in wich equalsthem as a citizen
The mortgage insurance you are referring to is most likely the standard mortgage insurance that is on a loan above 80% of the value of the house. This MI covers the lender in case of the borrower defaulting on the loan. It does nothing to help the borrower. If you are on the deed then you still own the house if your husband dies but if you cannot either refinance the mortgage or continue to pay the monthly payments then the lender will ultimately foreclose on the house and repossess it. What you need is a life insurance policy that will pay off the balance on the mortgage in case of the death of the mortgage holder.
Should you use a grant deed or a quitclaim deed to transfer property into a living trust?
In certain jurisdictions, a grant deed should be used to transfer property, whether it be to a living trust or otherwise. If the property is in California, a Trust Transfer Deed is the preferable method.
In many jurisdictions a quitclaim deed would be fine. It would convey all the interest owned by the grantor. You must check with a local real estate attorney to determine the correct practice in your jurisdiction. Deeds should always be drafted by a professional.
How do you put a lien on a vehicle that has been left on another person's property?
Generally, you can obtain a judgment lien in civil court if you have proof that money is owed to you on a debt. You need to sue them in court and win a judgment in your favor. The court will issue a judgment lien that the sheriff can use to seize any property of the debtor to satisfy the lien.
If you are thinking of a mechanic's lien for work done on the car then perform an online search for mechanic's liensin your state. Mechanic's liens are more complicated and the rules vary in different jurisdictions. You may need to consult an attorney.
Generally, you can obtain a judgment lien in civil court if you have proof that money is owed to you on a debt. You need to sue them in court and win a judgment in your favor. The court will issue a judgment lien that the sheriff can use to seize any property of the debtor to satisfy the lien.
If you are thinking of a mechanic's lien for work done on the car then perform an online search for mechanic's liensin your state. Mechanic's liens are more complicated and the rules vary in different jurisdictions. You may need to consult an attorney.
Generally, you can obtain a judgment lien in civil court if you have proof that money is owed to you on a debt. You need to sue them in court and win a judgment in your favor. The court will issue a judgment lien that the sheriff can use to seize any property of the debtor to satisfy the lien.
If you are thinking of a mechanic's lien for work done on the car then perform an online search for mechanic's liensin your state. Mechanic's liens are more complicated and the rules vary in different jurisdictions. You may need to consult an attorney.
Generally, you can obtain a judgment lien in civil court if you have proof that money is owed to you on a debt. You need to sue them in court and win a judgment in your favor. The court will issue a judgment lien that the sheriff can use to seize any property of the debtor to satisfy the lien.
If you are thinking of a mechanic's lien for work done on the car then perform an online search for mechanic's liensin your state. Mechanic's liens are more complicated and the rules vary in different jurisdictions. You may need to consult an attorney.
What rights does an adult child have living in the home of deceased parents with no will?
Anyone living in such a home has only the rights granted by the heirs who acquire the home under the local statutes of intestacy. If they want you evicted immediately, they can obtain a court order to do that. If they want to charge you rent, or long-term lease, they can do that. If they want to give you the right to stay there for "free" for the rest of your life, they can do that.
Your only "rights" would be those provided in state law for any other "tenant at will", such as 30-day notice to get out.
Another Perspective/ClarificationIf the last parent died intestate their property will pass to their heirs at law according to the state laws of intestacy. If there is more than one child, all will inherit an equal share of the property as tenants in common. In either case the estate must be probated in order for title to lass legally to the heirs. Any estate that contains real estate must be probated in order to establish title and the estate should be probated immediately.All the heirs at law have an undivided share in the property so each has the right to the use and possession of the whole property. However, once an administer for the estate is appointed they will have authority over the assets and responsibility to settle the estate. Arrangements could be made for the child who resided with the parent to continue living there, however, the family must come to an agreement and the child will need to pay their own expenses.
You need to probate the estate and consult with an attorney who can review your situation and explain your options.
You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.
You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.
You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.
You need to review the terms of the particular trust in order to determine what the trustee can and cannot do. A trustee has only the powers set forth in the trust document. Generally, a trustee should bot take money from the trust for his/her own use.
Is New York a lien theory state or title theory state?
Illinois is a lien theory state.
Illinois is a lien theory state.
Illinois is a lien theory state.
Illinois is a lien theory state.
Are Quitclaim deeds reversible?
Deeds cannot be "reversed". The owner would need to voluntarily execute a deed to transfer their interest. If that owner is legally incapacitated then generally, a guardian would need to be appointed and the guardian would need a license from the court to transfer the interest in the real estate.
