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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
Generally, a deed is not a guarantee of clear title. For recorded land, a title examination must be performed to ascertain if the title is clear. In registered land systems, a deed followed by a certificate of title should provide the grantee with a clear title to the property. In registered land systems any encumbrances should be listed on the certificate of title.
Can an HOA place a lien on a house?
Maybe. If the homeowner's association (HOA) has written, recorded covenants and/or bylaws that require the payment of dues, liens can be filed for non-payment of those dues. The laws regarding HOA liens vary widely from state to state. I suggest that you see a real estate attorney in your area to discuss your particular situation. Or, better yet, try to work out a payment plan with the HOA. That will save you and the HOA a great deal of stress and money.
Another Answer:
Read your governing documents to understand your obligation to pay your monthly assessments. Since assessments pay for services to property you own in common with your neighbors, such as master insurance policy premiums, reserve funds and basic utilities, when you don't pay your assessments, you essential ask your neighbors to pay your bills.
If you are obligated to pay your assessments, the association can not only file a lien to collect the debt you owe, it may be able to sell your unit to satisfy the debt.
Can a joint tenant force sale of the property?
Yes, land owned by tenants in common can be sold by a court decree through a partition proceeding in a court of equity. However, the costs will be deducted from the proceeds of the sale before they are equally divided between the co-owners. A partition proceeding can be costly.
The issue should be discussed with the other tenant in common first. It may be cheaper for them to buy out the interest of the co-owner who wants to sell.
What happens when a rental property is owned by two people and one dies?
Generally, their ownership will be treated as a tenancy in common and the interest of each will pass to their heirs-at-law according to the state laws of intestacy or according to their wills. Their estates will need to be probated. You should seek the advice of an attorney in your area who specializes in probate law. You can check to see if your state has adopted the Uniform Simultaneous Death Act.
Who is the trustee in a Deed of Trust?
A deed of trust is a deed that transfers ownership of real estate to a trust.
Suppose William owns land and wants to transfer it to a trust in order to remove it from his individual ownership. William must have a trust drafted by an attorney and could name it the William's Family Trust. All the legally necessary provisions of the trust would be set forth in the trust document and a trustee would need to be appointed. Suppose the named trustee is Judith.
William must transfer his land to the trust by executing a 'deed of trust' that names as the grantee Judith, as the trustee of the William's Family Trust. The grantee in a 'deed of trust' must be the trustee named in the trust document.
A trustee's deed is a deed that transfers land from a trust. It must be executed by the trustee in office at the time of the transfer. Therefore, if the William's Family Trust decides to sell that property to Harry, the trustee's deed would recite Judith, as trustee of the William's Family Trust as the grantor, and Harry as the grantee.
What happens when son dies and is on deed of mothers property?
If the property was owned by mother and son as joint tenants with the right of survivorship the mother's interest passed to her son when she died. He is now the sole owner. He should record a copy of her death certificate in the land records to clear the title. Names are not "removed" from deeds. The tenancy recited on their deed and the recording of the death certificate will notify the world the son is now the sole owner.
If they owned the property as tenants in common then mother's estate must be probated in order for her interest to pass to her heirs. Under Virginia law, if mother died intestate with no surviving spouse her children would inherit her property in equal shares. If the son is her only child he would inherit her half interest in the property. However, in order for title to real estate to pass to heirs the estate must be probated.
Can a life estate be terminated?
Whether or not a life estate could be revoked would Depending upon the nature of the damage and the response of the life tenants. The tenants would need to be allowed sufficient time to reinstate the property to its original condition before any rescinding action could be taken.
Is Alabama a community property state?
No. In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
Oklahoma is not a community property state.
If a person owns a piece of land do they own it all the way down to the center of the earth?
Theoretically, that would be the case.
We are accustomed to thinking of land as a flat surface portrayed on a land survey of parcels with square corners, ninety degree angles, all laid out on a grid. However, we forget that on a larger scale the Earth is a sphere. Theoretically, where private ownership of land is allowed, each landowner would own wedge-shaped chunks of earth, some irregularly shaped, that taper toward the center of the sphere as they sink below the surface since the earth is round.
In the United States, generally, A landowner owns what is beneath their land in the form of mineral rights unless they were reserved, leased, sold by a prior owner or alienated in some other way. However, that ownership of the land is subject to all manner of modern laws and restrictions. The owner in fee of a parcel of land owns it absolutely. She can sell it, build on it, and leave it to her heirs in her will. If she dies without a will the laws of intestacy will see to it that the heirs get the property legally through probate.
In many other countries the government has reserved the mineral rights to land located within their borders, even in privately owned land.
How to Prepare an Affidavit of Survivorship?
An affidavit of survivorship is prepared when property is owned in joint tenancy and one of the owners dies. This document can apply to real estate, bank accounts or vehicles. The affidavit simply serves as notification that the survivor is the remaining owner of the property.
If preparing an affidavit of survivorship for real estate, you will need to check with the laws in the state you live in. Most states however, you will need to record the document at your county recorder’s office or wherever land records are filed. The affidavit of survivorship will let people know that you are the surviving owner of the property.
In order to record the affidavit of survivorship, you will need a certified copy of the decedent’s death certificate, which sometimes may be requested from the recorder’s office as well. The affidavit that you will need to prepare will state the name of the decedent, the legal description of the property, the names of the remaining survivors and property owners and the affiant’s signature. You will usually need to sign this document in front of a notary public. Once you have the affidavit prepared and the death certificate, you can record the documents with the county recorder. Keep in mind that there will be a recording fee, which you can ask about beforehand if you choose.
If preparing the affidavit of survivorship for other property such as bank accounts, also known as payable on death accounts, or you are a joint owner, you are able to still use the money in the bank accounts after the other owner of the account has died. Again, you will need a certified copy of the birth certificate and the checkbook or savings book and then you can transfer the account into your name alone.
Affidavits of survivorship are also helpful for securities, vehicles and savings bonds. If you are able to transfer any of the property that was owned jointly before the co-owner died, you will save yourself in probate and attorney expenses. However, if you are not sure about any part of preparing an affidavit of survivorship, you should check with an attorney.
A deed is effective against the grantor once it is signed and delivered to the grantee. It is affective against the world once it is recorded in the land records.
See related question.
A deed is effective against the grantor once it is signed and delivered to the grantee. It is affective against the world once it is recorded in the land records.
See related question.
A deed is effective against the grantor once it is signed and delivered to the grantee. It is affective against the world once it is recorded in the land records.
See related question.
A deed is effective against the grantor once it is signed and delivered to the grantee. It is affective against the world once it is recorded in the land records.
See related question.
How do you find out the first owner of a piece of land?
That would require research in the land records office where the land is located. The amount of research required will depend on the land records system. An amateur sleuth may find they can trace the land back for a hundred or so years but it may take more expertise to get further back. It all depends on the type of research that will be required. In many areas of the US, there were no roads when the early proprietors made the first land grants so those first conveyances are very hard to place on the modern maps. There are expert title examiners who specialize in that type of work. It can take days, weeks or months. You should start your inquiry at the local land records office. The staff will tell you how to get started.
That would require research in the land records office where the land is located. The amount of research required will depend on the land records system. An amateur sleuth may find they can trace the land back for a hundred or so years but it may take more expertise to get further back. It all depends on the type of research that will be required. In many areas of the US, there were no roads when the early proprietors made the first land grants so those first conveyances are very hard to place on the modern maps. There are expert title examiners who specialize in that type of work. It can take days, weeks or months. You should start your inquiry at the local land records office. The staff will tell you how to get started.
That would require research in the land records office where the land is located. The amount of research required will depend on the land records system. An amateur sleuth may find they can trace the land back for a hundred or so years but it may take more expertise to get further back. It all depends on the type of research that will be required. In many areas of the US, there were no roads when the early proprietors made the first land grants so those first conveyances are very hard to place on the modern maps. There are expert title examiners who specialize in that type of work. It can take days, weeks or months. You should start your inquiry at the local land records office. The staff will tell you how to get started.
That would require research in the land records office where the land is located. The amount of research required will depend on the land records system. An amateur sleuth may find they can trace the land back for a hundred or so years but it may take more expertise to get further back. It all depends on the type of research that will be required. In many areas of the US, there were no roads when the early proprietors made the first land grants so those first conveyances are very hard to place on the modern maps. There are expert title examiners who specialize in that type of work. It can take days, weeks or months. You should start your inquiry at the local land records office. The staff will tell you how to get started.
Can the executive of an estate sell the property or keep it?
That depends on the will. It determines what happens to the assets of the estate.
How do you prevent someone from placing a lien on property?
Get signed lien releases for every dime you write to him. Progress lien waivers are for work paid for, but not fully paid for...and final lien releases are for work that is complete. Make sure you get proper forms for a legal forms store or consult a real estate agent, title company, or attorney for the proper language to protect yourself in that state.
Yes. You are free to sell you interest to any willing buyer.
What do you do if the grantor of a quitclaim deed passed away before it was notarized?
You can't "reverse" a quit claim deed. However, the title to property can be changed through probate or without probate if the deed has joint tenants. Generally if the property is owned solely by the deceased person or by tenants in common the property becomes part of his or her estate and will have to be sold or distributed through probate.
Can a landowner install a gate across a non exclusive easement?
Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
Generally no, unless that right was reserved when the easement was created. However, every easement is different and you need to review the document that created the easement right in order to understand the terms and provisions of that particular easement. Installing a gate that must be opened across a right of way may be considered an impediment to its use. You may need to consult with an attorney in your jurisdiction who specializes in real estate matters.
What the meaning of absolute deed of sale?
The definition of a deed of absolute sale is an agreement between a seller and a purchaser legalizing the purchase of property. It can be done in writing and it legally binding.
How do you get around a quit claim deed?
First, you should be aware that deeds should always be drafted by a professional. Errors made by non-professionals can be difficult and costly to correct IF they can be corrected. A small mis-wording can result in a cloud on the title that may not be discovered for years- not until the property is eventually sold and the title is examined by a professional. Then, you will need to pay an attorney to address the problem.
Do it yourself generic legal documents are always available online. You can also find forms through research at your local law library.
What are the laws regarding access to land locked land?
In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.
An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.
You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.
In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.
An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.
You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.
In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.
An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.
You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.
In most modern systems a landowner cannot sell a landlocked parcel if they also own the land between the sold parcel and the street. They must provide access in the form of an easement or right of way.
An old landlocked parcel is different. Its history must be diligently researched in the land records to determine if it has access over any abutting land by operation of law or whether any right of way was granted in the past. If not, the owner must negotiate with and purchase access from an abutter.
You need to check the laws in your particular jurisdiction and consult with an attorney if you own or plan to purchase a landlocked parcel. See related question link.
What is the difference between Grant Deed and Trustee's Deed Upon Sale in CA?
A grant deed is an instrument used to transfer an interest in real estate to a new owner. In some jurisdictions this is called a warranty deed.
In some jurisdictions, a deed of trust is an instrument recorded by a lender as security for a loan. This is commonly referred to as a mortgage. In other jurisdictions a deed of trust may be used to refer to a deed that transfers real property to a trustee of a trust.
Does the grantee have to sign the quitclaim deed?
Generally, the grantor signs the deed unless it contains an agreement that the grantee must agree to to make the agreement binding on the grantee.
Generally, the grantor signs the deed unless it contains an agreement that the grantee must agree to to make the agreement binding on the grantee.
Generally, the grantor signs the deed unless it contains an agreement that the grantee must agree to to make the agreement binding on the grantee.
Generally, the grantor signs the deed unless it contains an agreement that the grantee must agree to to make the agreement binding on the grantee.
