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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
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.
Can a person having an undivided one half interest in real estate sell their half interest?
Yes, with the exception of property owned as tenants by the entirety. The right to transfer an interest in property owned as a T by E varies in different jurisdictions and may create a complicated situation for the buyer where an interest can be transferred.
The idea of 'undivided' here means that each co-owner has the right to the use and possession of the whole property. That right to the use and possession of the whole property is what we call an undivided interest. If three sisters purchase a beach house together then each has the right to the use and possession of the property.
How do you change a name on a deed after the owners death?
If the parent dies with a will, the estate must clear probate, first, which could take time and money. After the Probate is cleared then a Quit Claim Deed from the personal representative of the estate to the rightful benificary of the will. can be filed in the County Clerks office, the house is then transferred. However, the benificary will be responsible for the increased value of the home. If the parent died with a Revocable Livng Trust and the house was properly titled in the trust's name , the the successor trustee would transfer the house via a Quit Claim Deed. This is of minimum costs (the preperation of the deed and the County recorder's filing fee.) And with the Trust there is no monies for the benificaries to pay for the property value increase.
How do you obtain a court order to sell property?
You need to bring a lawsuit to a land court or court of equity and provide compelling evidence as to why you should have the right to sell the property. You should consult with an attorney who specializes in real estate law who can review the details and explain your options.
Who owns the house equity in a life estate deed?
The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.
The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.
The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.
The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.
What is a written claim of property?
Real property is transferred to another owner by a deed. A deed is a written legal document that is used to transfer the title to real property.
How important is the deed of sale of the land?
Since a deed is the instrument of sale for real property which proves the seller's right to convey and the buyer's right of ownership, it is critical to the sale because it is the buyer's only proof of ownership. It is critical to note that ownership customarily does not pass from the seller to the buyer unless and until the deed is recorded with the clerk of the court in the jurisdiction in which the property is located.
How much is the cost for deed of sale?
In the UK
I've just been quoted £575 to transfer it to my wife.
There is no existing mortgage, otherwise there would be stamp duty payable for half of the value of the property.
In the US
It depends on the reason for the transfer and the recording fees which vary from state to state. You should consult with an attorney. Deeds should always be drafted by attorneys.
How do you register an adverse possession claim?
The answer varies in different jurisdictions. In some you need only register your claim in the land records by a written claim. In others, you must perfect your claim by a court decree. You need to consult with an attorney in your jurisdiction who can review your situation and explain the requirements in your state.
What is an easement of property?
An easement is a right to do something on the land (real estate) of someone else, such as using a driveway across someone's property to get to a garage on an adjacent parcel. Other commonly used easements include utility lines (above or underground) for service to other properties.
Easements may be granted (in writing) or prescribed by law and may be short or long-term. Blocking a permitted use of an easement is a trespass.
How do you find out who has ownership of a deceased persons property?
Advice from FAQ Farmers: * Contact the property recorder's or assessors office in the city or county where the deceased owned property. * Place an ad in the local newspaper where the person died and also place an add in the legal press. Contact the Law Society in your area and they will tell you which magazine to place the ad in. However it may be the case that the person never had a solicitor or made a will.
Can a name be taken off a deed?
You cannot just take someone's name off a deed. The person owns the property and they must transfer their interest voluntarily by executing a new deed that transfers their interest to a new owner. The only other way to "get someone's name off a deed" is by a court order.
No, the house is in the name of the one spouse. Which is why you MUST make sure you put both names on a deed.
How do you legally divide undivided interest property?
If you no longer want to own the property you can sell your interest to the other owner or to a third party if you can find someone who wants to take over your interest in the property.
If it is a large tract and you want to divide it you can arrange to have the tract surveyed and subdivided and an attorney can draft deeds to legally transfer the subdivided parcels to each respective owner. Each will become the sole owner of a smaller tract.
If you want to sell and the co-owner does not want to buy your interest then you must file a petition in court to have your land partitioned. (See related question link.)
What does the term heirs and assigns mean in a deed?
It means the grant is intended to be indefinite. For instance if I grant a right of way to my neighbor Susan to take a short cut via a driveway over my property and do not say "and to her heirs and assigns" then the ROW would die when she dies or sells her property. If I grant the ROW to Susan, her heirs and assigns then the ROW goes on forever. The words "heirs and assigns" were traditionally used in a deed to grant a fee simple estate meaning that the grantee is the absolute owner and can sell the property or leave it to his heirs.
Fee simple is used to describe an estate of infinite duration and of absolute inheritance free from any restrictions, conditions or limitations regarding the ownership. An owner in fee is the absolute owner of real property. She can convey some or all the property or leave it to someone in her will. If she dies intestate owning the property the title passes to her heirs at law.
Is your husband allowed to lock you out of your house?
Absolutely not. Your husband has no right to lock you out of property you own without a court order. He would be violating the law. Each of you has the right to the use AND possession of the property until a court rules otherwise. You need to consult with an attorney ASAP. You could file a complaint and ask for an order to make him vacate the property. Husband's don't have that kind of authority over their wives in the United States.
Even if you're not an owner or you both rent the premises, if you are a resident, he cannot just make you leave. The law varies in different jurisdictions. Contact your local police department, state patrol. Or your local Courthouse. They will be able to tell you what the county laws are concerning what is acceptable for locking someone out of their home.
Can you lie to a process server?
Sure you can... whether or not its illegal is a different story though.
Is probate necessary if the spouse inherits everything in nc and both names are on the house deed?
Yes, probate would be necessary to insure that all debts are taken care of, the title gets properly transferred and that the appropriate state and federal taxes are paid. Consult a probate attorney in NC for specifics. There may be a short version of probate that can be used.
Which are the legal methods of property description?
The legal description is the deed description. To be enforceable in a court of law, the deed must contain a valid description of the property that is complete enough to locate and identify that particular parcel of land. That deed description is the legal description of that land and must be carried forward in deeds.
The legal description should include any encumbrances and appurtenances that run with the land. It should be used in every deed of conveyance. The deed description is in contrast to other identifiers of property such as the street address and tax assessor's designations. While those may help to identify the property they do not constitute the legal description.
A copy of the legal description can be obtained at the land records office where the property is located for a nominal fee. Some have websites where copies can be printed from home for free, others charge for copies. Some land records offices require an account to perform online research and some do not have online services at all.
In the United States, you can find the land records office in your jurisdiction by performing a search using the county + state + land records.
Mother has lifetime rights can heirs sell property while she is alive?
You cannot sell the property without your mother's consent. She has the right to the use and possession of the property for the duration of her natural life. A prospective purchaser's attorney would find evidence of the life estate durnig the examination of the title and would insist on a release from your mother before closing on the deal.
No. Of course not. The universal rule of notaries is that they don't notarize any document from which they will gain an interest or benefit. You need to study up on the rules of that office.
Does the wife have rights to the property if she leaves the property?
If she is on the deed- yes. If it is marital property- yes. In a community property state- yes. A person doesn't lose their rights or interest in real estate by leaving. Divorce may change the status.
False
The government may NOT take property without paying a fair price for it. And they must use due process to take it over.
Amendment V of the US ConstitutionNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.