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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

What is the measurement of a patch of land?

There is no set dimension for a patch of land. Land can be measured in hectares, acres, rods, square miles, square kilomers and many other units. The process of measuring a patch of land is called surveying.

Is money left to you from a trust taxable?

Yes, in most cases it is taxable. The law is different depending on the type of trust and what state you are residing in.

Can a person that owns 1 part out of 10 of a property make you sell the property if no one else wants to sell the land?

The other nine owners should buy out the interest of the one who wants to sell. The land should be appraised to determine the fair market value. That would be the fairest resolution. On the other hand, the one who wants to sell and get their cash value could file a petition to partition the land and the court may order that the land be sold. You can read more about partition at the related question link below.

The least costly solution is to buy that 1/10 interest at a fair price.

The other nine owners should buy out the interest of the one who wants to sell. The land should be appraised to determine the fair market value. That would be the fairest resolution. On the other hand, the one who wants to sell and get their cash value could file a petition to partition the land and the court may order that the land be sold. You can read more about partition at the related question link below.

The least costly solution is to buy that 1/10 interest at a fair price.

The other nine owners should buy out the interest of the one who wants to sell. The land should be appraised to determine the fair market value. That would be the fairest resolution. On the other hand, the one who wants to sell and get their cash value could file a petition to partition the land and the court may order that the land be sold. You can read more about partition at the related question link below.

The least costly solution is to buy that 1/10 interest at a fair price.

The other nine owners should buy out the interest of the one who wants to sell. The land should be appraised to determine the fair market value. That would be the fairest resolution. On the other hand, the one who wants to sell and get their cash value could file a petition to partition the land and the court may order that the land be sold. You can read more about partition at the related question link below.

The least costly solution is to buy that 1/10 interest at a fair price.

My spouse and I have lived separately for over 10 years. He bought a house 5 years ago. The IRS filed a lien against me. Can the IRS take his house?

You need to consult with a tax professional who can review all the details of your present situation and the tax lien. It depends on the details including whether you filed a joint tax return for the years you are being cited for in the tax lien. So far, the lien in only your name would not affect your husband's property. You should also consult with an attorney about ending your marriage legally. Remaining married while permanently living apart can lead to serious legal problems.

You need to consult with a tax professional who can review all the details of your present situation and the tax lien. It depends on the details including whether you filed a joint tax return for the years you are being cited for in the tax lien. So far, the lien in only your name would not affect your husband's property. You should also consult with an attorney about ending your marriage legally. Remaining married while permanently living apart can lead to serious legal problems.

You need to consult with a tax professional who can review all the details of your present situation and the tax lien. It depends on the details including whether you filed a joint tax return for the years you are being cited for in the tax lien. So far, the lien in only your name would not affect your husband's property. You should also consult with an attorney about ending your marriage legally. Remaining married while permanently living apart can lead to serious legal problems.

You need to consult with a tax professional who can review all the details of your present situation and the tax lien. It depends on the details including whether you filed a joint tax return for the years you are being cited for in the tax lien. So far, the lien in only your name would not affect your husband's property. You should also consult with an attorney about ending your marriage legally. Remaining married while permanently living apart can lead to serious legal problems.

What happens when the property owners disagree?

When property owners disagree, it can lead to disputes that may involve negotiations, mediation, or legal action depending on the severity of the disagreement. Common issues might include boundary disputes, disagreements over property use, or maintenance responsibilities. If unresolved, the conflict could escalate to court, where a judge may be asked to adjudicate the matter. In many cases, open communication and compromise can help resolve the issue without formal legal intervention.

If a joint owner by a right of survivorship deed dies in NJ do they need to be removed from the deed for a sale to proceed?

No. The survivor is the sole owner of the property by operation of law. Generally the buyer's attorney will request any documentation required to clear the title. Generally, you will need to record a death certificate and perhaps some type of state inheritance tax release stating no taxes are due. However, you should be represented by your own attorney at the sale. Your attorney will know what documentation you require.

Who owns the 2nd tract if i sold both tracts but deed only describes one?

If you sold 2 tracts, but the deed describes only one, then chances are there was a survey used that showed both tracts, which I assume are contiguous...and the title company or person who prepared the deed used the survey to prepare a perimeter description, which would include both interior parcels...so the purchaser would own both lots.
And if you intended to sell both lots, and they intended to buy both lots and paid for them, they own it.? The deed could be as described above, or it could be deemed a scribner's error and need to be corrected.? So you could create a second deed to clear up any confusion, or they can sue for clear title.
==Additional Answer== If your negotiations with the purchaser included two tracts and only one was described in the deed then title to the second tract is still in your name. In Massachusetts that type of scrivener's error is a common cause of title defects. The only way real property is conveyed is by deed. You must execute a corrective deed granting title to the second tract.

Is it effective for a property owner to sign prepare and place a lien on his own property?

A property owner cannot place a lien on his/her own property. To create a voluntary lien on property the owner must agree to transfer an interest to the creditor until the debt has been paid. When the debt has been paid the creditor executes a release of their interest in the property. A conveyance to yourself would be null and void because there would be, in legal terms, a merger of title. You cannot convey to yourself what you already own. There would be no conveyance.

Do you have to notarize and record a homestead declaration?

You need to check the laws in your particular jurisdiction. Homestead Exemptions vary widely from place to place. In some jurisdictions the exemption is automatic. In some there is an automatic exemption that can be increased by a recording a formal declaration. In yet others, a formal declaration must be recorded in order to get that protection. If it needs to be recorded the declaration usually needs to be notarized.

What type of property ownership allows you to own your share independently and retain the right to transfer that share by sale?

Owning property as a tenant in common or as a joint tenant allows the owner to sell their proportionate interest. However, in a joint tenancy with the right of survivorship, the share of a deceased owner passes automatically to the surviving owner bypassing probate. During life that share could be sold. In the case of a tenant in common, their share passes to their estate when they die.

Owning property as a tenant in common or as a joint tenant allows the owner to sell their proportionate interest. However, in a joint tenancy with the right of survivorship, the share of a deceased owner passes automatically to the surviving owner bypassing probate. During life that share could be sold. In the case of a tenant in common, their share passes to their estate when they die.

Owning property as a tenant in common or as a joint tenant allows the owner to sell their proportionate interest. However, in a joint tenancy with the right of survivorship, the share of a deceased owner passes automatically to the surviving owner bypassing probate. During life that share could be sold. In the case of a tenant in common, their share passes to their estate when they die.

Owning property as a tenant in common or as a joint tenant allows the owner to sell their proportionate interest. However, in a joint tenancy with the right of survivorship, the share of a deceased owner passes automatically to the surviving owner bypassing probate. During life that share could be sold. In the case of a tenant in common, their share passes to their estate when they die.

Can you merge three properties into one?

You should call your town offices and speak with someone in the building department. You may be able to record a new survey that creates a new large parcel, changing the legal description, but the survey may need a planning board endorsement before it can be recorded. To get an endorsement certain rules must be followed.

A New Jersey father left his interest in land held as joint tenants with his wife to his children. His surviving spouse contested the will but has died before the hearing. What happens now?

If two people own property as joint owners with the right of survivorship, when one dies sole ownership passes automatically to the survivor bypassing probate. A joint owner cannot leave his interest in a JTWRS to anyone in his will. The property is not in his estate. Think of it this way: When two people own property as JTWRS they each own the whole property. When a JTWRS dies his interest in the property disappears and the survivor is left as sole owner.

It is highly unlikely for a court to break a JTWRS between a husband and wife and it seems to be irresponsible for any attorney to make that challenge. Unless you can prove the joint tenancy between your father and his wife was for convenience only, the property passed to her upon his death. Unless the court decides otherwise, the sole ownership of the property passed to her heirs-at-law upon her death if she died intestate or to her beneficiaries under her will. Her estate must be probated. You can check the laws of intestacy for your state at the related question link provided below.

If this matter isn't handled correctly, a resolution counter to the law will result in a title defect. Any future sale of the property will trigger a title examination. The exam will reveal the title defect and the matter will need to be resolved at that time before the property can be sold.

In Texas who is considered the owner of the property on the date of closing?

You do not take ownership pursuant to the date of the closing. You take title when the owner executes a deed in writing, delivers it to you and you accept it. Recording that deed gives the public notice that the land has a new owner.

Can owner claim real property that is within neighbors property line such as a drive that is not used?

No, not simply because it is not used. You would need to use it openly for a certain period of years (that varies in different jurisdictions) and then bring a lawsuit for adverse possession to the local court of equity.

No, not simply because it is not used. You would need to use it openly for a certain period of years (that varies in different jurisdictions) and then bring a lawsuit for adverse possession to the local court of equity.

No, not simply because it is not used. You would need to use it openly for a certain period of years (that varies in different jurisdictions) and then bring a lawsuit for adverse possession to the local court of equity.

No, not simply because it is not used. You would need to use it openly for a certain period of years (that varies in different jurisdictions) and then bring a lawsuit for adverse possession to the local court of equity.

What is the punishment for impersonation in a sale deed?

You are alluding to forgery, fraud and theft and all are criminal offences. The punishment depends of the laws in your jurisdiction and the all related criminal charges.

You are alluding to forgery, fraud and theft and all are criminal offences. The punishment depends of the laws in your jurisdiction and the all related criminal charges.

You are alluding to forgery, fraud and theft and all are criminal offences. The punishment depends of the laws in your jurisdiction and the all related criminal charges.

You are alluding to forgery, fraud and theft and all are criminal offences. The punishment depends of the laws in your jurisdiction and the all related criminal charges.

Is a copy of a deed valid when you do not have the orginial?

You can obtain a certified copy at the land records office. It will serve any purpose as well as the original of the recorded deed.

You can obtain a certified copy at the land records office. It will serve any purpose as well as the original of the recorded deed.

You can obtain a certified copy at the land records office. It will serve any purpose as well as the original of the recorded deed.

You can obtain a certified copy at the land records office. It will serve any purpose as well as the original of the recorded deed.

Why would you have to sign off on a warranty deed after your mother's death if your name was not on the deed?

If your mother's will named you as an heir, and she owned the house, then you would be an heir to the house (which has a deed in her name). If she had no will, then your state laws would almost always give a share of the house to any surviving children, again with only her name on the deed.

If she and someone else had a joint tenancy deed, then her will (and the state laws of intestacy) have nothing to do with it, and it automatically becomes owned by the remaining survivors of the joint tenancy. If she is the final survivor, see above, as she had become the full owner.

What if both husband an wife are on the title but not the mortgage and they get divorced?

The person who is on the mortgage is legally responsible for paying the debt. If the debt is not paid the bank will take possession of the property. The division of the property will be addressed through negotiation by the attorneys representing the parties or by a judicial order.

How do I purchase a house with inheritance and keep value in case of divorce?

Put the house in your name. Don't have your husband/wife signature on any of the papers.

What can be done when a property owner on a shared private road refuses to pay their share of road maintenance?

You need to hire an attorney and sue the delinquent property owner.

You need to hire an attorney and sue the delinquent property owner.

You need to hire an attorney and sue the delinquent property owner.

You need to hire an attorney and sue the delinquent property owner.

How do you get a clear deed to 'paid in full' property when the seller dies before it can be transferred?

In general practice a sale of land is a single transaction supervised by an attorney with the consideration being given over IN EXCHANGE for a deed. As part of the transaction the attorney would have the title examined by a professional to ascertain the status of the title. When the consideration has already been paid to the seller who then dies before executing the deed, the purchase becomes more complicated: the buyer must obtain a deed from the duly appointed representative/fiduciary of the estate.

An Administration must be done when someone dies intestate owning real property. The Administrator must be appointed by the court and must petition the court for a license to sell the real estate. In Massachusetts that can usually be accomplished within 2-3 months. The buyer must produce proof that the consideration has already been paid. The Administrator must furnish an accounting to the court that the consideration has been paid.

If the deceased left a Will then the Will must be allowed by the court and the Executor appointed. The buyer must approach the Executor for a deed. If the power to sell real estate was not granted in the Will then the Executor must obtain a license to sell the real estate and furnish an accounting to the court as to the consideration.

The buyer could wait until the estate is settled and try to obtain a deed from the heirs. The waiting period would be longer. It would be safer and easier to complete the transaction with the Administrator/Executor who would be duty bound to settle the estate and who would be HELD ACCOUNTABLE by the court.

On the other hand, you may be a party to a land contract (sometimes known as a "contract for deed" or an "installment sale agreement") which is a contract between the owner of a property and a person who wants to buy the property for an agreed-upon purchase price. It is used in certain states as a means to purchase property.

Under a land contract, the seller retains the legal title to the property. A contract for deed is frequently used in transactions between private parties. It seems a simpler way to purchase land, at least on the surface. In many cases, buyers enter into such a contract because without such an arrangement they would not be able financially to make such a purchase. However, such a process sometimes increases exposure to undesirable side effects. The problem at hand being one of them: the owner died before executing a deed.

A contract for deed may be recorded to evidence the agreement. However, sometimes the parties do not want the terms of their agreement disclosed and therefore do not record the contract. That points to another problem with the process, an unscrupulous seller may encumber the property by a mortgage after agreeing to sell and taking payments.

If you have a properly signed contract perhaps the estate fiduciary can complete the sale. In any case, you need to seek the help of an attorney to complete your acquisition of title to the property.

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