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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
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.
How do you quit claim a property if the owner is dead?
If the person died owning real property their estate must be probated in order for title to the real property to pass to the heirs legally. Until that is done no one owns the property legally. The decedent's property cannot be distributed until their debts have been paid. You need to contact an attorney who specializes in probate law.
If the person died owning real property their estate must be probated in order for title to the real property to pass to the heirs legally. Until that is done no one owns the property legally. The decedent's property cannot be distributed until their debts have been paid. You need to contact an attorney who specializes in probate law.
If the person died owning real property their estate must be probated in order for title to the real property to pass to the heirs legally. Until that is done no one owns the property legally. The decedent's property cannot be distributed until their debts have been paid. You need to contact an attorney who specializes in probate law.
If the person died owning real property their estate must be probated in order for title to the real property to pass to the heirs legally. Until that is done no one owns the property legally. The decedent's property cannot be distributed until their debts have been paid. You need to contact an attorney who specializes in probate law.
Who owns the beachfront property in Florida?
"Beachfront property" can be privately owned, commercially owned, state owned or owned by the federal government. For example: beachfront condominiums, estates, cottages, town parks, state parks, national parks and military bases.
If you want to know who owns the "beach" in Florida that's a different question. The beach up to the mean high water mark is owned by the state of Florida. However, publicly funded beach restoration projects may result in a modification of that law and widen public access to beaches that have been restored. See the link below for a current case before the US Supreme Court where the state of Florida added 75 feet to the beachfront and provided public access to the added portion.
In the Florida case, the justices seem to favorrestricting the use of eminent domain to change "beachfront" property to "beachview" property thereby protecting the property owners. Contrast that to the opinion in Kelo v City of New London where the Court approved the taking of oceanfront property from private blue collar owners where the land was to be turned over to private developers. You can read about that case at the related question link provided below.
That language is used in the transfer of property, especially real property, to a new owner. It constitutes warranty covenants by which the grantor will warrant the title against any and all claims by any other person.
Your grandfather's estate must be probated in order for legal title to pass to you. You should contact an attorney in your area who specializes in probate law who can review your situation and explain your rights and responsibilities.
"DeedGrabbing" is the process of getting deeds to tax sale property from the owner right before the owner loses the property to taxes.
The lender will want both of the owners to sign the mortgage so that in the case of a default it can take possession of the property. Generally, when only one owner signs a mortgage the lender can only foreclose on that person's interest.
A security deed is used as part of a mortgage type transaction. It is a conditional conveyance of the property to the lender while the debt is outstanding. Legal title is transferred to the lender although the original owner has the right to the possession use and enjoyment of the property as long as the conditions of the loan are met. When the debt is paid the lender executes a reconveyance deed of the property back to the owner.
How do you correct a recorded reconveyance?
You cannot generally "correct" a recorded document itself, but you can usually correct the conveyancing documents and file an amended version that references the prior (incorrect) version.
If the property is owned by a trust then you need to review the document that created the trust to determine how it can be sold. Generally, the trustee can sell the property but that authority must be granted in the trust document.
Note that either the property is owned by a trust or it is owned by three people. You cannot have it both ways.
If the property is owned by a trust then you need to review the document that created the trust to determine how it can be sold. Generally, the trustee can sell the property but that authority must be granted in the trust document.
Note that either the property is owned by a trust or it is owned by three people. You cannot have it both ways.
If the property is owned by a trust then you need to review the document that created the trust to determine how it can be sold. Generally, the trustee can sell the property but that authority must be granted in the trust document.
Note that either the property is owned by a trust or it is owned by three people. You cannot have it both ways.
If the property is owned by a trust then you need to review the document that created the trust to determine how it can be sold. Generally, the trustee can sell the property but that authority must be granted in the trust document.
Note that either the property is owned by a trust or it is owned by three people. You cannot have it both ways.
What is claim of title for Florida for property?
Claim of title is a term that is related to adverse possession. An adverse possessor of property may acquire title from another by openly occupying their land and paying real property tax for at least seven years. The adverse possessor must file their claim under certain legal theories. Under claim of title, they get only what they actually possessed. If adverse possession is claimed under color of title, a person may have only cleared two acres of the entire five acres, but they will get the full five acres.
Adverse possession is a complicated area of law in Florida and claimants are given certain rights. See related link.
Claim of title is a term that is related to adverse possession. An adverse possessor of property may acquire title from another by openly occupying their land and paying real property tax for at least seven years. The adverse possessor must file their claim under certain legal theories. Under claim of title, they get only what they actually possessed. If adverse possession is claimed under color of title, a person may have only cleared two acres of the entire five acres, but they will get the full five acres.
Adverse possession is a complicated area of law in Florida and claimants are given certain rights. See related link.
Claim of title is a term that is related to adverse possession. An adverse possessor of property may acquire title from another by openly occupying their land and paying real property tax for at least seven years. The adverse possessor must file their claim under certain legal theories. Under claim of title, they get only what they actually possessed. If adverse possession is claimed under color of title, a person may have only cleared two acres of the entire five acres, but they will get the full five acres.
Adverse possession is a complicated area of law in Florida and claimants are given certain rights. See related link.
Claim of title is a term that is related to adverse possession. An adverse possessor of property may acquire title from another by openly occupying their land and paying real property tax for at least seven years. The adverse possessor must file their claim under certain legal theories. Under claim of title, they get only what they actually possessed. If adverse possession is claimed under color of title, a person may have only cleared two acres of the entire five acres, but they will get the full five acres.
Adverse possession is a complicated area of law in Florida and claimants are given certain rights. See related link.
It depends on who gets the property after her life estate terminates. If the property was deeded to the children with life estate reserved for mom, then all she would need to do is transfer the life estate to the children as well.
However, a life estate can also mean the property reverts to some other ownership, say, a charity or some other relatives.
If the person who granted the deed with the life estate is still alive, perhaps a new deed can be created that will supersede the earlier one. Ask your real estate lawyer.
First of all if your neighbor built a fence why in the world would you want to waste the money and materials to put up another one? Technically you can have him remove it and put it on his property or you could sell him the 5 ft, of land. The thing I would do is to let him keep the fence where it is with the understanding thatit belongs to you now and if ever the fence has to be replaced it is to be put where it belongs. Another view
When you bought your new house you may have used a lawyer to do the necessary legal stuff for you, to ensure you know exactly what land you own and to ensure that you have full legal title to it. So don't discuss this with your neighbor until you have asked your lawyer for advice!
Does an owners life estate hinder my forcing the sale of land?
A life estate grants the right to the USE and POSSESSION of real property for life. The holder of a life estate is not the owner of the property. Therefore, you cannot take possession of the property and sell it if you have a judgment lien only against the life estate holder. If you have a judgment lien against the owner of property that is SUBJECT TO the life estate of someone else, the property would remain subject to the life estate if you took possession and tried to sell it. You would need to find a buyer who is willing to honor the existing life estate.
Is condominium parking space ownership without unit ownership possible?
No. Generally, when an exclusive parking space is appurtenant to a unit there is a restriction against the transfer of that exclusive parking space except when conveyed with the unit. Also, the right to use non-exclusive parking spaces cannot be separated from the unit deed.
What is the meaning of merger of title regarding real property?
Merger of title in the law of real property is used to describe a situation whereby a lesser title is absorbed by a greater title and the lesser title disappears. It is commonly used when referring to easements and mortgages.
Suppose James Smith granted a mortgage on his property to Elizabeth Murphy. Murphy would now have a security interest in the property. That mortgage would remain as a lien on the property until it was paid off and a discharge was recorded to clear the title. If Smith couldn't pay off the mortgage and decided to move away he could convey the property to Murphy by deed if she agreed. Murphy's interest under the mortgage would "merge" with her fee interest under the deed and the mortgage lien would be extinguished. There would be no need to record a discharge of that mortgage.
Now suppose a farmer split a narrow but deep parcel into two lots, one with frontage on the road (A) and one requiring passage over Lot A for access (B). He sold the rear lot (B) to MacDonald with a right of way over the front portion (A). MacDonald and successive owners will always have access over Lot A to reach Lot B. Therefore Lot A will always be encumbered by the rights of the owners of Lot B to cross over their lot.
If the owner of Lot A later purchased Lot B the easement in the right of way would merge with the fee when the same owner acquired the title to both lots. The easement in the ROW would disappear.
Is the will deed supposed to be written by own hand writing?
A will and a deed are two separate documents. Real property is transferred by deed while the owner is living. A living person can write a will that provides for the distribution of all their property after their death.
If you live in the United states and want to leave property in a will then you must get some legal advice so that your will conforms to state law. Otherwise it will not be allowed by the court after your death and your property will be distributed according to state intestacy laws to your legal next of kin. You can check the laws in your state at the related question link.
A will and a deed are two separate documents. Real property is transferred by deed while the owner is living. A living person can write a will that provides for the distribution of all their property after their death.
If you live in the United states and want to leave property in a will then you must get some legal advice so that your will conforms to state law. Otherwise it will not be allowed by the court after your death and your property will be distributed according to state intestacy laws to your legal next of kin. You can check the laws in your state at the related question link.
A will and a deed are two separate documents. Real property is transferred by deed while the owner is living. A living person can write a will that provides for the distribution of all their property after their death.
If you live in the United states and want to leave property in a will then you must get some legal advice so that your will conforms to state law. Otherwise it will not be allowed by the court after your death and your property will be distributed according to state intestacy laws to your legal next of kin. You can check the laws in your state at the related question link.
A will and a deed are two separate documents. Real property is transferred by deed while the owner is living. A living person can write a will that provides for the distribution of all their property after their death.
If you live in the United states and want to leave property in a will then you must get some legal advice so that your will conforms to state law. Otherwise it will not be allowed by the court after your death and your property will be distributed according to state intestacy laws to your legal next of kin. You can check the laws in your state at the related question link.
If you file a quiet title with your lis penden will that stop the writ of possession in California?
A Writ of Possession in California indicates the mortgage is in default or the ownership of the property is in dispute. The case needs to be adjudicated in the court of jurisdiction. A quiet title action must also be adjudicated in the court of jurisdiction and you would need grounds in order to obtain a decree forever barring the claims of your adverse party. It cannot be used to wipe out a bona fide mortgage lien. You need to consult with an attorney to determine what your options are.
Do you get an abstract of title when you get a bargain and sale deed?
Generally you only get an abstract of title if you pay for one. That must be performed by a professional and is ordered by your attorney at the time of your purchase.
Generally you only get an abstract of title if you pay for one. That must be performed by a professional and is ordered by your attorney at the time of your purchase.
Generally you only get an abstract of title if you pay for one. That must be performed by a professional and is ordered by your attorney at the time of your purchase.
Generally you only get an abstract of title if you pay for one. That must be performed by a professional and is ordered by your attorney at the time of your purchase.
How do you know 919093511788 mobile owner name and address?
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If you lost a registered deed to the property will that cause a problem?
Generally, a lost deed will not cause a problem as long as the deed was filed in the land records office. A deed is executed to transfer ownership of property to the grantee. Recording the deed in the land records provides permanent proof of the transfer of ownership. In a subsequent sale of the property the original deed does not have to be produced since the title will be checked in the land records. The recorded copy of the deed will suffice as proof of ownership. Once a deed has been recorded you can obtain a copy for a nominal fee. The only time a lost deed can cause a problem is when it was not recorded. See link.
Who owns the property and when after sold for costs at a sheriff's sale?
You need to consult with an attorney who specializes in real estate law in your jurisdiction. A person who purchases real property at a sheriff's sale acquires an interest in the property immediately, however, their title may need to be perfectedby a court decree. Also, the debtor may have a right of redemption for a certain period of time.
