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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

How old do you have to be to sign a deed?

You have to be the age of majority, which is usually 18.

Are both signatures needed to sign a tenancy agreement?

Yes. A lease is a contract and to make it enforceable by either party both must sign.

What is right of survivorship in insurance?

The pattern of continuing membership in an insurance plan. In a pension plan survivorship includes staying with the employer or organization sponsoring the plan and staying alive.

Does a spouse need to sign a deed of trust even though the property is not titled in their name?

Generally, yes since in many jurisdictions a non-title-holding spouse has certain rights in the marital residence. Laws vary in different jurisdictions. You should consult with an attorney in your jurisdiction. In some states a deed of trust, or mortgage, although signed by the sole owner of the property, has been held to be invalid without the consent of the non-owner spouse.

Can a Canadian buy a house in the US?

any person with money and will to buy a house in usa can. talk to a real estate agent you will be surprised of how many options you have to buy a house, in the usa. The fact that one owns a house in the U.S. does NOT confer the right to reside in the country.

Where is the registry of deeds in olongapo?

Olongapo City Registry of Deeds

Registrar of Deeds: Mr. Benjamin A. Escolangco II (OIC RD)

Address: 2nd floor, Villa Gracia Bldg., 20th St. corner Rizal Ave, Olongapo City

Telephone no: (047) 611-05-19

When do liens against real estate expire in Ohio?

You need to elaborate on what type of lien. A mortgage lien can last for 21 years after the due date. A tax lien, depending on the type can last 10 years. A mechanic's lien can last 6 years. A judgment lien will last 5 years. Mechanic's liens are not renewable. Judgement liens are renewable, some tax liens are, too. What kind of lien are you asking about?

Can a husband disinherit his wife or leave her little in his will or does she get some part of his property after his death?

Generally, in the United States, a person cannot disinherit their spouse which would be the case if a man left all his property to his blood relatives and left nothing to his wife. In most states the spouse has the statutory right to 'elect' to take an intestate share of the estate. To do so, the surviving spouse need only file a claim with the court. You can check your state laws of intestacy at the link below. The surviving spouse should contact an attorney immediately to determine their right of election under state laws.

What is the California statute on adverse possession?

California Code of Civil Procedure

§ 321. Possession, when presumed: Occupation deemed under legal title, unless

adverse

In every action for the recovery of real property, or the possession thereof, the person

establishing a legal title to the property is presumed to have been possessed thereof

within the time required by law, and the occupation of the property by any other person

is deemed to have been under and in subordination to the legal title, unless it appear

that the property has been held and possessed adversely to such legal title, for five

years before the commencement of the action.

§ 322. Occupation under written instrument or judgment, when deemed adverse

When it appears that the occupant, or those under whom he claims, entered into the

possession of the property under claim of title, exclusive of other right, founding such

claim upon a written instrument, as being a conveyance of the property in question, or

upon the decree or judgment of a competent court, and that there has been a continued

occupation and possession of the property included in such instrument, decree, or

judgment, or of some part of the property, under such claim, for five years, the property

so included is deemed to have been held adversely, except that when it consists of a

tract divided into lots, the possession of one lot is not deemed a possession of any

other lot of the same tract.

§ 323. What constitutes adverse possession under written instrument or

judgment

For the purpose of constituting an adverse possession by any person claiming a title,

founded upon a written instrument, or a judgment or decree, land is deemed to have

been possessed and occupied in the following cases:

1. Where it has been usually cultivated or improved;

2. Where it has been protected by a substantial inclosure;

3. Where, although not inclosed, it has been used for the supply of fuel, or of

fencing-timber for the purposes of husbandry, or for pasturage, or for the

ordinary use of the occupant;

4. Where a known farm or single lot has been partly improved, the portion of

such farm or lot that may have been left not cleared, or not inclosed

according to the usual course and custom of the adjoining country, shall

be deemed to have been occupied for the same length of time as the part

improved and cultivated.

§ 324. Premises actually occupied under claim of title deemed to be held

adversely

Where it appears that there has been an actual continued occupation of land, under a

claim of title, exclusive of any other right, but not founded upon a written instrument,

judgment, or decree, the land so actually occupied, and no other, is deemed to have

been held adversely.

§ 325. What constitutes adverse possession under claim of title not written

For the purpose of constituting an adverse possession by a person claiming title, not

founded upon a written instrument, judgment, or decree, land is deemed to have been

possessed and occupied in the following cases only:

1. Where it has been protected by a substantial inclosure.

2. Where it has been usually cultivated or improved.

Provided, however, that in no case shall adverse possession be considered established

under the provisions of any section or sections of this code, unless it shall be shown

that the land has been occupied and claimed for the period of five years continuously,

and the party or persons, their predecessors and grantors, have paid all the taxes,

state, county, or municipal, which have been levied and assessed upon such land.

How do you abandon undeveloped real estate?

You shouldn't "abandon" it because that means you'll become a tax delinquent and it will be reported on your credit record. You should contact someone in your city and state to see if they want it, especially if it could be used as a green space, conservation land, or for passive public recreation. You may even be able to get some payment for it.

Check your state website for any link to land conservation and start asking questions.

What happens if a Quit Claim Deed is executed and before it is recorded an Attorney Lien is recorded on the property even though the person owing the debt is the one who executed the quit claim deed?

The lien is valid. A quit claim deed merely transfers the seller's interest in the property; it doesn't guarantee that the deed is free of any encumbrances - for that, one needs a warranty deed.

What does bond forfeiture mean?

It means that the defendant was released on a cash (or property) bailbond and the person for whom the bail was posted fled from prosecution. The amount of money (or property) that was posted with the court to insure his freedom is then forfeited to the court.

How long will it take a deed to be recorded?

The answer varies according to the jurisdiction and whether the document is mailed in or delivered in person. You can call your local land records office and inquire about its practices.

Are Joint Tenants with a right of survivorship the same as Tenants In Common?

No they are different types of real property co-ownership. Tenancy in common is a type of co-ownership where two or more people ("tenants in common") own the property. It is the default tenancy in many jurisdictions when the tenancy is not stated in a deed with multiple grantees. Tenants in Common:

  • Can own the property in equal or unequal shares
  • Have the right to the use and possession of the whole of the property
  • Pass on their share of the property to their heirs when they die

In a joint tenancy the desire to create a joint tenancy with the right of survivorship must be so stated in the deed. The interest of any deceased joint tenant passes automatically to the surviving joint tenants. A joint tenancy is created only if the following four conditions, called the Four Unities, are met:

  • Time- All the tenants acquired their interest at the same time.
  • Title- All the tenants have the same title.
  • Interest- All the tenants have an equal share.
  • Possession- All tenants must have an equal right to possess the property.

How do you take someones name off deed of house after they had passed away?

If the property was held by two people as tenants by the entirety or as joint tenants with the right of survivorship the full ownership of the property automatically passes to the survivor. All you need to do is record a death certificate in the land records to show that the joint owner has died.

Who is responsible for property if the owner dies?

The person who will "acquire" the property must commence a probate proceeding in the probate court. That means you need to present the will for allowance and be appointed the executor or if there is no will you must petition to become the administrator of the estate. The only way for title to real property to pass to an heir is through probate court. You should seek the advice of an attorney who can assist you in this process.

Can foreigners acquire real property in China?

Subject to some restrictions, foreigners are permitted to acquire real property in China. Therefore, the key to the issue is what restrictions are placed on foreigners when they acquire real property. Any foreign entities and individuals who intend to purchase real property not for self-use in China must first establish foreign invested enterprises (FIEs) and then conduct business within its business scope. To put it another way, if no FIEs are established in China, foreign entities or individuals are not permitted to purchase real property not for self-use. This is so called rule of Business Existence. Foreign entities' branches or rep offices in China, unless otherwise they are real estate enterprises upon approval by government, and the foreign individuals who have worked or studied in China more than one year may purchase real property for self-use or residence. The foreign entities who have not yet established branches or rep offices in China or the foreign individuals who have not yet worked or studied more than one year in China may not purchase real property. The residents in Hong Kong, Macao, Taiwan and overseas Chinese may purchase the certain area of real property in China for self-residence. Subject to some restrictions, foreigners are permitted to acquire real property in China. Therefore, the key to the issue is what restrictions are placed on foreigners when they acquire real property. Any foreign entities and individuals who intend to purchase real property not for self-use in China must first establish foreign invested enterprises (FIEs) and then conduct business within its business scope. To put it another way, if no FIEs are established in China, foreign entities or individuals are not permitted to purchase real property not for self-use. This is so called rule of Business Existence. Foreign entities' branches or rep offices in China, unless otherwise they are real estate enterprises upon approval by government, and the foreign individuals who have worked or studied in China more than one year may purchase real property for self-use or residence. The foreign entities who have not yet established branches or rep offices in China or the foreign individuals who have not yet worked or studied more than one year in China may not purchase real property. The residents in Hong Kong, Macao, Taiwan and overseas Chinese may purchase the certain area of real property in China for self-residence.

If your name is not on the deed do you have a share in the property?

Yes. If you are on the deed and also signed the mortgage you are the co-owner and you have the right to the use and possession of the property. You are also responsible for paying the mortgage in full if the person you "co-signed" for stops paying it.

How do you sell mineral rights?

Get a landman. A buyer or seller can hire a representative of the oil and gas drilling company, generally known as a "landman" or "petroleum landman," to attempt to identify all owners of the minerals and holders of the executive rights. An oil and gas attorney is another resource for this task. Know it may not be easy. Thanks to a long history of severed mineral estates, many sellers have negotiated to keep the mineral rights for future income, even when they no longer own the surface of the land. And those ownership interests don't always stop there. For example, when minerals become part of an inheritance, the route to finding the true owner can become more complicated. Visit for more info uniroyalties.com

How do you change the legal description of your property?

Changing the legal description of a condominium unit would usually be required if an owner purchased an adjacent unit and chose to remodel the units so that this condominium unit is now larger than any of the original individual units.


In most condominium communities, alterations of the boundaries can affect your voting rights, your assessment amounts and so forth, because your percentage of ownership changes.

In order to change the legal description of a condominium unit, you can start with the governing documents, which specify the boundaries of the unit.

Then, depending on what you find in your governing documents, you may need to petition the board for approval to change these boundaries.


Your board or managing agent can help you understand the process for changing the legal description of a condominium unit in your community.

If your landlord owns the rental property that you live in and and wants to sell it what are your rights?

If the landlord wants to sell the rental property, the tenant has different rights depending on what state the property is in. Usually, a landlord has to give 60 days notice for an intent to sell. Then, it is up to the landlord whether or not the property can be occupied by the tenant until the sale date. If there is a lease, the landlord usually cannot sell the property until the lease is up, but all states have different rules regarding occupancy.

How do I sign a property deed over to a relative?

You contact an attorney who specializes in real estate law and ask her/him to draft a new deed that meets all the requirements of a proper deed in your state. The attorney can review your situation, your needs and then explain the consequences. Deeds drafted by non-professionals can contain errors that are costly to correct IF they can be corrected.

You contact an attorney who specializes in real estate law and ask her/him to draft a new deed that meets all the requirements of a proper deed in your state. The attorney can review your situation, your needs and then explain the consequences. Deeds drafted by non-professionals can contain errors that are costly to correct IF they can be corrected.

You contact an attorney who specializes in real estate law and ask her/him to draft a new deed that meets all the requirements of a proper deed in your state. The attorney can review your situation, your needs and then explain the consequences. Deeds drafted by non-professionals can contain errors that are costly to correct IF they can be corrected.

You contact an attorney who specializes in real estate law and ask her/him to draft a new deed that meets all the requirements of a proper deed in your state. The attorney can review your situation, your needs and then explain the consequences. Deeds drafted by non-professionals can contain errors that are costly to correct IF they can be corrected.

Do you need a certified copy of your deed?

Certified copies of your deed are usually requested for some legal transaction such as a sale or mortgage or evidence in a court case. Entities who don't have access to the land records usually will request certified copies of land records to make certain the documents are complete.

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