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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
If someone gives you lifetime rights to a home what do you need to do to make it legal?
Answer:
On the discussion page you explained that you want to give your daughter lifetime rights to live in your home. The legal term for lifetime rights in real property is a life estate. The most common way to create 'lifetime rights' in real estate is by granting a life estate in a deed. However, that may not be the best option to use if your daughter does not have legal capacity.
How do you buy land as a group?
When you purchase land with a group of people you can choose the tenancy by which the title will be held. With a joint tenancy the interest of a deceased member passes to the surviving members of the group. With tenancy in common the interest of a member passes to their heirs. With either, each owner has the equal right to the use, possession and profits of the property. If there is a mortgage each member is fully responsible for paying that mortgage. If one doesn't pay the others will need to make the payment regardless or the property will be taken by foreclosure.
Can a person be removed from the property title?
The person whose name is to be removed , must give a letter on a stamp paper and must sign it stating that his name should be removed and he has no claim to the property at all.
If some forge your name on a deed what can you do?
You should take a copy of the deed and copies of your signature (license, registration, mortgage, etc.) to your local district attorney's office to see if they will prosecute the case for you. You should also take any evidence you have of the identity of the person responsible for the forgery. You should do this ASAP. If they won't help you then you will need to hire an attorney who specilizes in real estate and litigation to represent you in a lawsuit against the party that forged your name..
My husband died and the house was in his name how can I get it changed to my name?
If he didn't leave a will, it will pass to you intestate. But you should check your state's consanguinuity laws nevertheless. we live in mississippi
The depends upon several factors. Did both parents own the property. Was the property held in a joint tenancy? Was there a lawful common law marriage between them? Were her two children adopted by him?
If there was no marriage. If the property was his. If he had not adopted the other children. His will may be valid. You need to seek the advice of an attorney who can determine who the legal heirs are in your particular situation.
See the links provided below for further information.
The Utah State Courts provide the following information about common law marriage. To be recognized, the following have to be met:
- Both parties are of legal marriage age and are able to give consent
- Both parties are capable of being married
- The parties live(d) together as man and wife
- The parties assume(d) marital responsibilities and duties
- The parties "held themselves out" as husband and wife, and others perceive(d) them to be married.
A mortgage IS a lien on the property. The bank already has an interest in the property that was perfected as soon as the mortgage was recorded in the land records. If you purchase property that is subject to a mortgage, the mortgage must be paid or the bank will take possession of the property by foreclosure.
How do you confirm ownership of a property and determine if there are any liens or encumbrances?
You need to arrange to have a title examination performed by a professional.
You need to arrange to have a title examination performed by a professional.
You need to arrange to have a title examination performed by a professional.
You need to arrange to have a title examination performed by a professional.
How long do you have to remove your belongings from the property after it has been sold?
Your property needs to be removed prior to the sale. Once the property has been sold you have no right to enter.
Can a deed holder be removed from an existing deed with notification?
The only way a person is "removed" from a deed is by conveying her interest to someone else by a deed.
Like a building permit, a land owner can be required by zoning laws (or other statutes, ordinances or regulations) to obtain a permit prior to changing the use of certain land to a restricted use.
For example, to change a wetland to agricultural land would require a permit from the agency charged with protecting the environment.
Change of use of a forested area to an excavation for mining would be another example which would require not only local and state approvals, but also federal approval for environmental impact. In addition, any structures placed upon the land for the intended use would also need any necessary building permits and to conform to the local zoning regulations (with certain exceptions where state or federal law trump the local protections).
The first deed is binding.
If Rodney executed a deed to William and David, reserving a life estate to himself, then William and David are the new owners of the property and Rodney has the use of the property during his life.
Rodney cannot execute a subsequent deed since he no longer owns the property. The first deed controls as long as it was recorded in the land records.
Your aunt's real estate is in her estate and her estate must be probated. The property will pass according to the provisions set forth in her will. If there is no will, her property will pass to her heirs at law according to the laws of intestacy in her state. If you are her only heir or heir at law the property will pass to you. However, the estate must be probated in order for the title to the real estate to pass to you legally.
What is Inter-spousal Grant Deed?
An inter-spousal grant deed is a document that legally transfers property from one spouse to the other to. There are many ways to accomplish a property transfer, but two of the most common ways to transfer property in a divorce are through an inter spousal transfer deed or quit claim deed.
How long does physical property have to stay on your land before it is yours?
in Illinois it is 7 years continious possossion when claimed under color of title
Once you have paid off the loan to the seller, or the seller's estate or heirs, they should give you a lien release.
How do you change from et al to actual listed names on a property deed in Texas?
You haven't provided enough detail in your question including how it was used in the deed and why you would want/need to change it.
"Et al" means "and other persons". When that term is used in real estate documents, primarily in contracts, it is used to indicate there is a longer list of entities that are parties to the contract. It has other common uses in deeds, where it is often used in deed descriptions to indicate numerous abutters along the same boundary line (bounded on the North by Dave Brubeck et al.) or to report an encumbrance such as an easement running in favor of Paul Desmond et al.
It should not be used in the granting clause of a deed since the parties making the grant and the parties taking title need to be clearly identified. Et al as a grantee would not identify the owners of the property unless perhaps there was further reference to another recorded document that named all the grantees such as the trustees of a trust. Generally, if it was used in the granting clause of a deed the deed would be defective and an extraordinary faux-pas on the part of the person who drafted it. You should go back to that attorney to have it corrected at their expense.
Does a property deed have to be signed by both seller and buyer?
Generally no, only the seller must sign unless there is some sort of agreement set forth in the deed. In that case the buyer must sign in order for the agreement to be enforceable.
Generally no, only the seller must sign unless there is some sort of agreement set forth in the deed. In that case the buyer must sign in order for the agreement to be enforceable.
Generally no, only the seller must sign unless there is some sort of agreement set forth in the deed. In that case the buyer must sign in order for the agreement to be enforceable.
Generally no, only the seller must sign unless there is some sort of agreement set forth in the deed. In that case the buyer must sign in order for the agreement to be enforceable.
How do you receive a property line?
To find out your exact property lines, you will need to hire a surveyor to do a boundary survey of your property.
What does this phrase mean in property law covenant and bind and forever warrant title to?
That language would be used in a deed with warranty covenants. Generally, the language means the grantor is the rightful owner of the property and that the property is free and clear of any encumbrances except those mentioned in the deed.
If a conflict or defect is later discovered the grantee can go back to that grantor for compensation. A warranty deed guarantees the following but state laws vary regarding deeds and warranties in deeds so you should check the laws in your particular state:
- the grantor is the owner and has the right to transfer the property
- there are no outstanding claims from creditors or lenders
- no other party has any claim to the property
Can you find out what bank owns a foreclose property I want to purchase?
You would go to the land records office where the property is located and ask the staff to show you how to research a property by using the property address. A little research should reveal the present owner.
How does one acquire an abandoned property if the owner can't be found?
Check with the tax assessor's office to see if the property has been taken by the town for non-payment of property taxes. Generally, the only way to buy "abandoned property" is to purchase it from the town because towns have the authority to take title to property when the taxes are in default. In the United States, title to real property must be transferred legally- you can't just claim it. Inquire about purchasing it from the town.
You could also explore the adverse possession laws in your state.
