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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

When a brother and sister own a house jointly is it possible to transfer my half to my partner?

Yes. You can convey your interest in the property to your partner. However, you should seek the advice of an attorney to discuss your options and the consequences as to the tenancy that will be created by a transfer.

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.

What is assured tenancy?

In the UK, an assured tenancy is the usual form of letting if:

  • · you are a private landlord and your tenant is a private tenant;
  • · the tenancy began on or after 15 January 1989;
  • · the house or flat is let as separate accommodation and is the tenant's main home.

What do you do if you lose the original deed to your house and other copy is in your dead parents name?

Obtain a copy from the office where land records are filed. If the deed was recorded you don't need the original. If you didn't record the deed then you have a big problem. If the record title is still in your deceased parents' names then you will need to file a probate petition to acquire legal title.

Can a living trust override a Quitclaim deed in Oklahoma?

It's certainly a possibility. Quitclaim deeds are the most risky way to transfer property. They do not guarantee that the person transferring the property has clear title or the legal right to take the action making such a transfer open to legal challenge.

Must the Declarant follow the Master Deed?

Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.

Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.

Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.

Yes. The declarant is bound by the provisions in the Master Deed as well as any unit owner unless there are any provisions that have been determined to be unlawful by statute, ordinance or court order.

Can my husband quit claim our house to me?

You havent provided enough detail. It depends on when he transferred his interest in the property and whether you owned the property jointly before he transferred his interest to you. He may be able to claim a portion of the taxes, the portion he paid if he was the sole owner before his transfer. However, you should consult with your tax accountant.

You havent provided enough detail. It depends on when he transferred his interest in the property and whether you owned the property jointly before he transferred his interest to you. He may be able to claim a portion of the taxes, the portion he paid if he was the sole owner before his transfer. However, you should consult with your tax accountant.

You havent provided enough detail. It depends on when he transferred his interest in the property and whether you owned the property jointly before he transferred his interest to you. He may be able to claim a portion of the taxes, the portion he paid if he was the sole owner before his transfer. However, you should consult with your tax accountant.

You havent provided enough detail. It depends on when he transferred his interest in the property and whether you owned the property jointly before he transferred his interest to you. He may be able to claim a portion of the taxes, the portion he paid if he was the sole owner before his transfer. However, you should consult with your tax accountant.

Did I have the right to enter land recently sold by a friend the Seller to the Purchaser. He received the Purchasers permission for me to remove a structure now the new owner wants the property back?

Your friend apparently had (or has) permission to remove certain property, but not necessarily to enter the property. You, as the agent of your friend, only have as much authority as he or she may have had. If it was a temporary license to enter the premises to remove the structure, it can be terminated at any time.

However, if there was some agreement on the transfer of the property rights in the structure itself (i.e., your friend didn't "sell" that part), then your friend can sue to recover the property (or its value) regardless of where it is or who has it.

So, you have at least two issues: did the Seller (and you) have permission to enter the premises, and did the Seller (and you) have the right to remove a structure. A related issue is, "who owns it", but that should be easily determined by the documents as interpreted under your local laws of conveyancing.

Am i entitled to any of my late partners house if my name is on the deeds but he left it in a will to his son?

You said that your name was on the deeds.

Your right to his half depends on how the property was titled in those 'deeds'. If you both owned as tenants in common then you own a half interest and the other half would pass to his heirs at law. As a tenant in common he could only devise his own half in his will. His estate would need to be probated in order for his heirs to perfect their title.

If you owned the property as joint tenants with the right of survivorship then his interest would automatically pass to you when he died with no need to probate the estate.

What happens when a vendor refuses to leave property after settlement?

If the settlement was in your favor, call law enforcement and have them treated as trespassers. When you do, be certain that you have the ocurt order available to show them.

If husband and wife owned property as such can the husband leave his share to his children by his will in NJ or does his wife inherit his interest in the property?

If the property was held as joint tenants with the right of survivorship, the decedent cannot leave his share to his children by will. His interest automatically passed to his surviving spouse. If the property was owned as tenants in common then he can leave his interest to his children.

You should consult with an attorney who specializes in probate law in your area who can review the situation, review the will and inform you of your rights and options under that laws of NJ.

As a tenant do you have a right to see the deed of the house you are living in?

You can obtain a copy of the deed at the local land records office. The staff will help you find it in the land records.

Do Heirs have all rights to intestates estate?

The estate must be probated and the court must appoint an administrator. The state laws of intestacy will determine who the heirs-at-law are. The debts of the decedent must be paid before any property is distributed. Once the probate proceeding has been completed the remaining property will be the property of the heirs at law.

You can check your state laws of intestacy at the related question link provided below.

What is the difference between deed and abstract?

A deed is the legal document used to transfer ownership of real property.

An abstract of a deed is a brief statement that contains the most important points recited in the deed. The abstract has no legal significance.

A deed is the legal document used to transfer ownership of real property.

An abstract of a deed is a brief statement that contains the most important points recited in the deed. The abstract has no legal significance.

A deed is the legal document used to transfer ownership of real property.

An abstract of a deed is a brief statement that contains the most important points recited in the deed. The abstract has no legal significance.

A deed is the legal document used to transfer ownership of real property.

An abstract of a deed is a brief statement that contains the most important points recited in the deed. The abstract has no legal significance.

Possession Interest Time Title?

Those are the common law requirements needed to create a joint tenancy. They are usually expressed as follows: TIME, TITLE, INTEREST, POSSESSION (TTIP) T - unity of time; T - unity of title; I - unity of interest; P - unity of possession. However, those requirements have been modified by statute in some jurisdictions. In Massachusetts the joint owners do not need to acquire their interest at the same time. One person may convey their property to themselves and another as joint tenants without the need to use a straw transaction. Those terms do not refer to adverse possession or repossession.

When you own property by right of survivorship and one of the owners dies does the the remaining owner have to pay inheritance tax?

Generally, when ownership of property is arranged as joint ownership with the right of survivorship and one dies, full ownership passes to the survivor bypassing probate. Joint property is not a probate asset. In most cases there are no taxes due. However, you should consult with an attorney in your area who can review your situation and explain your tax obligations, if there are any.

To clear the title a death certificate must be recorded in the land records, along with an affidavit or certificate stating that the gross estate does not necessitate a federal estate tax filing and a certificate from the state that there is no inheritance tax due. The attorney will advise you.

Are the rules the same for public assembly on private property as on public property?

Certain rules and regulations may overlap such as the requirement for traffic and crowd control, sanitary facilities, health regulations if food will be served, etc, even if the assembly is on private property. Thousands of different laws and regulations exert control over private property in some way. You should check with your town government. You may need a permit and they will notify you of the rules.

I want to do a Quit Claim Deed and I need to find a property's Parcel Identification?

You should consult an attorney who can draft a proper deed for your jurisdiction. A deed must show the legal description for the property and not the assessor's designation. Errors made on deeds drafted by non-professionals can be costly to correct if they can be corrected.

You should consult an attorney who can draft a proper deed for your jurisdiction. A deed must show the legal description for the property and not the assessor's designation. Errors made on deeds drafted by non-professionals can be costly to correct if they can be corrected.

You should consult an attorney who can draft a proper deed for your jurisdiction. A deed must show the legal description for the property and not the assessor's designation. Errors made on deeds drafted by non-professionals can be costly to correct if they can be corrected.

You should consult an attorney who can draft a proper deed for your jurisdiction. A deed must show the legal description for the property and not the assessor's designation. Errors made on deeds drafted by non-professionals can be costly to correct if they can be corrected.

What are the points to be kept in mind while preparing the documentation for acquiring the house held jointly?

You should consult with an attorney who can review your situation and needs and explain your options. The attorney can explain the consequences of the various survivorship tenancies available in your jurisdiction. The main factor is who gets the property when one owner dies. However, there are other aspects to be considered.

You should consult with an attorney who can review your situation and needs and explain your options. The attorney can explain the consequences of the various survivorship tenancies available in your jurisdiction. The main factor is who gets the property when one owner dies. However, there are other aspects to be considered.

You should consult with an attorney who can review your situation and needs and explain your options. The attorney can explain the consequences of the various survivorship tenancies available in your jurisdiction. The main factor is who gets the property when one owner dies. However, there are other aspects to be considered.

You should consult with an attorney who can review your situation and needs and explain your options. The attorney can explain the consequences of the various survivorship tenancies available in your jurisdiction. The main factor is who gets the property when one owner dies. However, there are other aspects to be considered.

What is public space?

Public space is an area that is open to the public and is accessible to people. It can be a gathering spot in a neighborhood. It is a social area or space that includes parks, town squares, beaches, and roads.

What are the pros and cons of having an adult child added to your deed on property that has a mortgage?

The advantage is that a joint tenancy would avoid the need for probate. However, there are many factors for both sides to consider.

First, there is a due on transfer clause in the mortgage. That means the lender can demand payment in full if there is any change in ownership. You must discuss the contemplated transfer with your lender and request a waiver, in writing, of the due on transfer provision. The lender may want to add the child's name as a mortgagor.

The property would become vulnerable to any creditors of your adult child. If they should experience economic difficulties, trouble paying their credit card debt or medical debt, income or business tax delinquencies, etc., the property could become subject to attachments by creditors. If the co-owner found themselves on the losing end of a court case for damages in a car accident the property would be vulnerable to any lien for damages.

If the parent defaults on the mortgage or taxes it may affect the adult child's credit record.

You should consult an attorney who could review your situation and discuss the pros and cons in more detail and under your state laws.