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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
Can you put your son's name on the deeds so you can remortgage together?
Yes, but any time you make a change in ownership of your property you should consult with an attorney who can review your situation and explain the legal consequences of adding another person as an owner of the property. Deeds should always be drafted by an attorney.
Yes, but any time you make a change in ownership of your property you should consult with an attorney who can review your situation and explain the legal consequences of adding another person as an owner of the property. Deeds should always be drafted by an attorney.
Yes, but any time you make a change in ownership of your property you should consult with an attorney who can review your situation and explain the legal consequences of adding another person as an owner of the property. Deeds should always be drafted by an attorney.
Yes, but any time you make a change in ownership of your property you should consult with an attorney who can review your situation and explain the legal consequences of adding another person as an owner of the property. Deeds should always be drafted by an attorney.
Your question is somewhat unclear. What you refer to as a "care owner" is not an official legal term. You may be referring to a life estate. In that case the land would be owned by all the children but you were granted the right to occupy and use it as long as you cared for the property by maintaining it in good condition.
Note that when a person dies owning real property their estate must be probated in order for the property to pass to heirs legally. The attorney who handled the estate can answer your question after reviewing the details of the case.
The answer depends on how the land was titled. If sister and brother acquired the land as Joint Tenants With the Right of Survivorship then brother's interest would pass automatically to sister upon his death. If the land was acquired as Tenants in Common then brother's half interest would pass to his parents (assuming he has no children). If his parents are deceased then his half interest would be shared by his siblings, including his co-owner sister.
How can you remove a relative from a home but is on the deed?
If the relative is "on the deed" they have the right to the use and possession of the property as an owner. You can't "remove" them. If this is a domestic matter, you can apply for a restraining order and a judge could order the person to vacate the premises.
A vesting deed is an instrument used in the UK that conveys the legal title to land to the Life Tenant under a Settled Land Act Settlement. You should seek the advice of a legal professional.
A vesting deed is an instrument used in the UK that conveys the legal title to land to the Life Tenant under a Settled Land Act Settlement. You should seek the advice of a legal professional.
A vesting deed is an instrument used in the UK that conveys the legal title to land to the Life Tenant under a Settled Land Act Settlement. You should seek the advice of a legal professional.
A vesting deed is an instrument used in the UK that conveys the legal title to land to the Life Tenant under a Settled Land Act Settlement. You should seek the advice of a legal professional.
Look for wording on the deed to fully understand what kind of access you will have--could be a walk way, a dock or a driveway. For access to be worthwhile, you need wording stating that access is permanent and can't be revoked. Ask the current owner what he has and verify with your title company that the wording is on the deed.
This is a complicated issue and an experienced title examiner would need to do some research in any particular case. There is no universal answer. That question is an often visited topic in conveyancing. Especially when that proposed road was never built and it evolved into a paper street. There are several considerations that include the following:
- Assuming the proposed road is on a subdivision plan, if there are lots abutting the road and they are sold, each owner may own up to the middle of the proposed street abutting their lot. See MGL Chapter 183 Section 58.
- If the deeds out for lots on the plan grant the right to use all the streets and ways as shown on the plan that may create a right in the proposed street for every lot owner.
- If no lots abut the proposed street, and no rights were granted to use the streets and ways shown on the plan then the fee owner of the land may still own the land under the proposed street.
You need a review by an experienced professional who can examine the title and explain the laws in your jurisdiction.
See related link.
What is the perimeter of a section in feet?
One section equals one square mile. Therefore, a section would be a square that measures 5,280 feet on each side.
The total perimeter would be 21,120 feet.
Can your ex-wife sell your collectibles and property if you don't return to collect them?
this normally is a no no but a lot depends on state law.
Where can you find money to fix your house?
You can check with your town offices to see if there is any grant money available for your neighborhood or your income level. You should also inquire about low interest loans and loans that don't need to be repaid after a certain number of years residing in the property.
You can check with your town offices to see if there is any grant money available for your neighborhood or your income level. You should also inquire about low interest loans and loans that don't need to be repaid after a certain number of years residing in the property.
You can check with your town offices to see if there is any grant money available for your neighborhood or your income level. You should also inquire about low interest loans and loans that don't need to be repaid after a certain number of years residing in the property.
You can check with your town offices to see if there is any grant money available for your neighborhood or your income level. You should also inquire about low interest loans and loans that don't need to be repaid after a certain number of years residing in the property.
When an abandoned easement be regarded as terminated?
Generally, a right of easement lasts until the owner of the land benefitted by the easement signs a release and that release is recorded in the land records. Generally, the lack of use does not constitute an abandonment. Easements do not generally terminate unless there is some termination language in the original grant. Some action must be taken to obtain a court order terminating the easement.
The owner of the land must file a claim in the appropriate court requesting a court order to clear the land of the easement. The plaintiff must show compelling evidence that the easement has been abandoned, compelling enough for the court to extinguish the easement rights. That evidence would include a full title examination to show the history of the easement, evidence to show the owner of the easement was contacted and refused to release the easement and evidence the easement is no longer used and no longer needed.
This is a difficult case to bring to court. It should be handled by an attorney who specializes in real estate law and who has experience in this type of litigation. You should consult with an attorney in your area who can review your situation, examine the titles to the properties and determine what your options are. If the owner of the easement is a utility company, some companies will release the easement for a fee that covers the company's research into its own records.
The attorney may be able to contact the owner of the easement and negotiate a release without going to court. Requests from an attorney are more effective than a request from an individual.
Pennsylvania law would have jurisdiction over real property in that state and Pennsylvania is not a community property state. However, you should discuss this issue with an attorney considering that any property acquired during a marriage may be considered marital property and subject to the court's discretion. You may find that your Pennsylvania property is safe from the divorce proceeding.
Why should one file a homestead declaration in los angeles?
In California, the purpose of filing a declaration of homestead anywhere in California is to protect some of the equity in your home in the case of a monetary judgment against you.
If you are trying to lower your property taxes you would file a Homeowners' Exemption form. It will lower your assessed value by as much as $7,000, which equates to approximately $70 in tax savings per year.
See the below link for further details:
Can your dads ex wife take a portion of your house?
If she is a part owner, yes.
If she is a part owner, yes.
If she is a part owner, yes.
If she is a part owner, yes.
Can you include your wife on a vesting deed for your time share purchase?
Yes. The project's attorney or your own attorney can advise you.
Yes. The project's attorney or your own attorney can advise you.
Yes. The project's attorney or your own attorney can advise you.
Yes. The project's attorney or your own attorney can advise you.
Such action is not possible as the probate court must rule on whether the property is subject to partitioning of any sort or is exempted from probate procedure. If the house (or brokerage accounts, or bank accounts, etc) were put into the name of your parent and you, prior to his or her death, as "joint tenants with right of survivorship," then the property would "automatically" become yours upon the death of the other joint tenant.
How do you know if someone put property in your name?
You can check the grantee index at the land records office to see if any deeds have been recorded in your name.
The answer depends on when your name went on the deed. If your name was on the deed as joint owner before the mortgage was granted then the bank can only foreclose on the co-owner's half interest if you didn't sign the mortgage. In order for the lender to perfect their interest in the mortgaged real estate, all the owners must sign the note and mortgage. Generally, if you own an interest in real property and don't sign the mortgage, the bank cannot foreclose on your interest in the case of a default since YOU did not transfer your interest to the bank.
If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage. That means if the sole owner of the property grants a mortgage and then transfers an interest in the property to another person, the bank can demand the full payment of the mortgage- immediately.
What is the best way to transfer property from an uncle to a nephew in new jersey?
A grant deed is a legal document that would complete a transfer of property ownership from an uncle to a nephew. It must contain the full names of grantor and grantee, the property information, and the amount of consideration for the transfer. It must be recorded with the clerk in the county where the property is located.
Can you recover the cost of paying a property lien from your ex spouse?
Yes, you can but there are questions:Do you have to give the ex wife proceeds from the sale?? If yes, deduct the lien amount from her proceeds.
If not, depending on the amount of the lien, is whether you can file yourself (depends on the state you arein) or you need the help of an attorney.
You might also want to file that same judgment in the state or county where she lives if it is not the samecounty as where you are filing.
AnswerYou can't put a lien on your ex-wife, only an asset. You can sue her, however.Liens are obtained by means of a lawsuit judgment.
If the ex-wife relinquished the property in the terms of the dissolution petition she is no longer liable for encumberances(liens) or other legal action against said property in which case a suit is not posssible.
This applies whether the lien(s) have been perfected or not.
My wife has lifetime rights to a home. if she died do i have any rights to the property?
No. A life estate is extinguished when he life tenant dies.
She violated the law and you should file a criminal complaint. You could also bring an action in a court of equity and win a judgment against her. A court order would transfer the title to your name if the deed was legitimate. In any case you need to clear the title to the property. The court could be easily persuaded if the name she added does not match the other text on the deed. Also, the deed would have been returned to you at your address after it was entered into the records.
The bigger question is why you have an unrecorded deed lying around. You are not the record owner of the property until the deed is recorded. You cannot insure the property or collect if it burns down. In your case, you found that an unrecorded deed can be tampered with or stolen.
One of the best features of a modern society is the system of land registration that organizes and documents land ownership. Someone who is in possession of an unrecorded deed is treading on dangerous ground.
Every state in the United States has its own recording statutes that address the recording in the land records of written instruments that affect the ownership of real property. There are three types of recording statutes: race, notice and race-notice. The purpose of the recording statutes is to give notice to the community that there has been a change in ownership or that there has been an encumbrance made against the real estate.
Under the race process the priority of ownership in the case of more than one grantee would be determined by the first to record their deed. That priority would also apply in the other two types of recording statute states as long as the successive grantee was not given notice that the land had already been conveyed or encumbered.
In practical terms this means that if an owner of land conveyed the property to two different grantees with the first not recording their deed, the second would own the property if they recorded their deed and if they had no notice of the first deed. The first grantee who didn't record their deed would only have a monetary claim against the grantor, they would not own the land.
Generally, until the deed is recorded it can only be upheld against the grantor. If the deed remains unrecorded it can be lost, stolen, destroyed or accidently discarded. If that happens there is no record of the purchase.
Should the grantor forget they conveyed the property to you and years later conveys the land to another grantee and THEY record their deed, that grantee would be the owner of the land. They announced their ownership to the world by recording their deed. Your deed would be only good for making a claim against the grantor to regain your purchase price if you sue in court and if you prevail.
A more serious and difficult situation will result if the grantor died and you need to sue her heirs or estate. On the other hand, if the grantee in an unrecorded deed dies without recording it, their heirs will encounter legal problems in trying to claim the land, or, they may never know you purchased it.
Another problem with not recording a deed arises if a creditor records a lien against the "former owner" who is actually still the record owner. The new owner is out of luck if they didn't record their deed. When you don't record your deed you create the possibility that liens will be recorded against the prior owner and the property will be subject to all of them. You can't sell the land until you record your deed, and, you may have to pay off liens at that time.
If you don't record your deed you will not receive tax bills. If you don't receive them you won't know when the taxes are due and they may become delinquent. In that case the town can take possession of the property and you will never know.
Deeds should always be recorded immediately.
