0
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
How do you switch a title to a new owner?
Title to real property is transferred to a new owner by a written document called a deed. Title insurance cannot be transferred to a new owner. Each owner must purchase their own title insurance.
Can a property be sold with out a deed?
No. A deed is the instrument by which real property is transferred.
The answer may depend on whether you live in a community property state. If so, the property may be protected if it was purchased using funds acquired prior to the marriage or by inheritance. However, this is a complicated issue and you need to consult with an attorney who can review your situation under your state laws.
In a separate property state the property held in a joint tenancy would be protected in most cases.
The answer may depend on whether you live in a community property state. If so, the property may be protected if it was purchased using funds acquired prior to the marriage or by inheritance. However, this is a complicated issue and you need to consult with an attorney who can review your situation under your state laws.
In a separate property state the property held in a joint tenancy would be protected in most cases.
The answer may depend on whether you live in a community property state. If so, the property may be protected if it was purchased using funds acquired prior to the marriage or by inheritance. However, this is a complicated issue and you need to consult with an attorney who can review your situation under your state laws.
In a separate property state the property held in a joint tenancy would be protected in most cases.
The answer may depend on whether you live in a community property state. If so, the property may be protected if it was purchased using funds acquired prior to the marriage or by inheritance. However, this is a complicated issue and you need to consult with an attorney who can review your situation under your state laws.
In a separate property state the property held in a joint tenancy would be protected in most cases.
What is the proper wording to correct a cloud on title with a Quitclaim Deed?
A cloud on a title is not corrected simply by "proper wording" in a quitclaim deed.
A cloud on a real estate title is some defect or potential defect in the owner's title. It arises from some claim against the owner's interest such as a lien, an easement, a court decree or very often a missing interest from some former owner who died.
A cloud on the title, also called a title defect, can prevent the sale of a property until the defect is resolved. Many title defects can be resolved by recording missing documentation. For example:
- A missing heir can sometimes be found and will agree to execute a deed that conveys their missing interest.
- A probate can be filed for someone who died owning an interest in the property.
- A corrective deed can be recorded to correct an error in the description in an earlier deed in the chain of title if that former owner is still available.
- A discharge can be recorded for an old undischarged mortgage.
- An old tax taking can be redeemed by paying the outstanding tax bill.
Some clouds can be addressed quite easily and with little expense. Others can be quite costly to solve if they can be solved. In cases where it's not possible to record corrective documentation, a cloud on the title must be removed by a judicial order.
Representation by a knowledgeable attorney, a comprehensive title examination by a professional and an owner's title insurance policy from a conservative, reputable company can protect a property owner against any clouds arising after acquisition.
Mortgaged property is real property that has been used as collateral for a debt. The mortgage lien remains on the property until the debt is paid. Generally the legal agreement signed by the mortgagor gives the lender the right to take possession of the property and sell it if the loan is not paid. That process is called a foreclosure.
Can you sue the estate if someone dies before the contract is complete?
If a contract has not been completed, then the estate can be sued. You, along with other creditors will have the opportunity to present your case and a judge can award you a settlement.
India
Both parties are to give their mutual consent before the Learned Court that they intend to get out of the deed voluntarily. After the same has been duly accepted by the Hon'ble Court, the deed will become automaticaly void.
United States
In the U. S. you must transfer your interest to another party by executing a deed. That may prove difficult if the property is held as tenants by the entirety, a tenancy reserved for legally married couples. You should consult with an attorney who can draft a proper deed for your purpose and jurisdiction. Errors made by non-professionals can be costly to correct.
In a tenancy at will a tenant occupies property with the consent of the owner and pays rent but without a formal, signed lease agreement. It can be terminated by either party with due notice given to the other party according to the state law requirements, usually thirty days.
Where should you file a lis pendens?
The lis pendens is filed in the same court where the underlying lawsuit is filed. Once filed at the court, a certified copy of the lis pendens can be recorded in the county where the property at issue is located.
Who's name is on the deed for 9656 maynard drive marcy ny?
go to your county court hosue and look of deeds for that location. it will show owner
Factors of concern is most likely the size of the lake.
You will most likely not be able to buy a large lake in most countries, where as you can buy and own a small pond.
In Norway, it is possible to actually own a lake, but the government still regulates its use and make it (generally) public property anyway. The owner can normally not limit the public access to the lake.
What happens to a promissory note if the creditor takes title to real property?
Real property can only be encumbered by a mortgage and not by a promissory note. A promissory note has no effect on real property it is only evidence of a loan. If the mortgagee acquires title to the mortgaged property the title merges and the mortgage is extinguished.
Do you own land when you own a condominium?
You don't own any particular plot of land as an individual. You own a percentage interest in all the land in the condominium project along with all the other unit owners. That percentage is recited in the deed for each unit. You own a shared interest in the common areas and that includes the land.
Generally, a condominium is a distinct form of ownership in the U. S. (and other countries) whereby an individual owns a unit and shares joint ownership of the common areas with the other unit owners, which includes the land. In addition to owning your own unit of a condominium building in fee, you would also be part owner of the land upon which the condominium is constructed.
For example, a typical Massachusetts condominium deed would state: "Unit #2 of the Old Mill River Condominium together with a .05% interest in the common areas and facilities." That owner would own a .05% fee interest in the common areas along with the land encompassed by the condominium project. Similar language is used in other jurisdictions.
For a discussion of what you own when you own a condo unit in the State of Washington see the following:
http://www.ticorblog.com/blog/condo-or-co-op-whats-the-difference/
See also the following related question discussing the difference between condominium units and townhouse units:
You should consult with an attorney who specializes in probate and real estate law.
It may be less costly for the beneficiary who wants to keep the property to buy out the others. The property could be appraised and a fair offer made. A court is not likely to order beneficiaries to sell their interests to one co-beneficiary. That would not be ordered in a partition action.
The legal costs would be less in that type of transaction. If the other owners refuse the offer then the one can petition to have the property partitioned in a court of equity proceeding. Partition statutes allow those who own property in common to obtain a court decree ordering the sale of the property when the other owners don't want to sell.
Generally, petitions are filed in a court of equity such as the probate court. The court will appoint a commissioner to have the property appraised. The commissioner will market it through a real estate agency and sell once an acceptable offer has been made. The costs associated with a sale by partition are high since court costs, legal costs and several professionals must be paid from the proceeds. Once all the costs have been paid the net proceeds are divided equally among the owners.
Some form of that phrasing is used in deeds in lieu of foreclosure and deeds from a mortgagor to the bank (to avoid foreclosure) in order for the bank to be able to preservethe outstanding mortgage debt.
Without that language the mortgage obligation would be extinguished when the bank takes title to the premises.
What document is used by a seller to describe the condition of his property to the buyer?
transfer disclosure statement
Does a grant deed mean you are the legal owner?
Yes. If you are the grantee in the deed then you are the new, legal owner.
Can they do anything to you in court?
Although your question is vague the answer is yes. For some examples: the court can issue an order against you, force you to take a paternity test, take you into custody and arrest you, all depending on the circumstances. If you have been ordered to appear in court and you fail to show up, the court can issue a warrant for your arrest or issue a default judgment against you.
Can benefactor give rights for another person to enter on property at anytime in a life estate?
Yes. The "benefactor" or owner of the property can grant any amount of rights in the property.
must get a notorized letter from a doctor to verify person has alzheimers , then do a power of attorney at lawyers office. once you have power of attorney you can change just about anything concerning that person that you are over-seeing. but if that person has heirs, you better find out the state laws concering real property unless person has a living will already done. call a lawyer that does free consultation. some elderly people have living will that specifies who gets what or if their property is to be sold and divided up with the children. if there is no living will then you need to talk to a lawyer.
What is rule of mineral rights ownership when death to other party having one half mineral rights?
As with any probate estate, it would depend on any number of other issues, including the actual words of the grant of ownership (jointly, in common), then (assuming common ownership) whether there was a valid will of the other party and what the will says about property rights, and if no will, then where the person was domiciled when he or she died and what their laws of intestacy have to say, and if any heirs can be found, and if you can negotiate with the heirs, and so forth.
If, for example, you were named on a deed as "A and B", and B dies, then B's share passes to his or her heirs, whoever they are. If there is a will that gives the rights to A, then obviously A now has all the mineral rights, which would be exactly the same as if the deed had said "A and B as joint tenants with right of survivorship," although the estate tax issues may be different.
No. If the land didn't belong to the builder the law doesn't give the land to the builder. If the error had been found sooner the house would have been removed or the owner compensated for the land. Twenty-two years later, there may be other legal issues. You need to consult with an attorney in your particular jurisdiction who can review your situation and have the title to the land examined. There are many variables and important details that will affect a resolution. The title must be cleared. There may be a valid adverse possession claim. The matter will likely need to be settled by a court action. You need to consult with an attorney who specializes in real estate law in your jurisdiction.
What are your rights if a mechanic lien is filed?
If the mechanic's lien is legitimate, the rights lean in the mechanic's favor. The person who recorded the lien has a certain period set by state law to perfect the lien by a civil suit. During the pendency of the lien the property cannot be sold or financed. If the lien is pursued in civil court the mechanic may obtain a judgment lien that will encumber the property until it is paid or expires under state law.
