Deeds and Ownership

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.

Yes, when a home is foreclosed on in Tennessee and there is a deficiency between the amount collected and amount owed, your wages can be garnished to pay the difference. You may be able to file an exemption or file for bankruptcy to avoid this.

it is an abbreviation for "assignment of rents". Generally a document that allows a lender to collect rents and/or any income generated from subject property in the event a borrower defaults on their mortgage agreement.

Generally, in order for title to real estate to pass to the heirs or devisees the estate must be probated. If a person inherited an interest in real estate a quitclaim deed from them would convey their interest in the property IF the estate had been probated. If the estate was not probated then they are not a legal owner of the property and their deed would convey nothing.

The owner of the property must sign the deed in order to transfer the real estate to a new owner.

It comes from the Latin for "send with". Literally it means to haul or ship something or to send it by any conveyance. It is also used figuratively. Using the metaphor that words are like a truck that hauls meaning, people may say: "I understand the words he's using but not what they are intended to convey."

You left out an important part of your query. What type of "owned' land? County-owned, privately-owned, publicly-owned, church-owned, etc? Generally, when new construction is contempleted on land that is not owned by the entity who will own the building a complicated set of legal agreements must be drafted by experts in that field of law. The primary agreement would be the lease. If you are contemplating building on land owned by someone else you should consult with an attorney to discuss your options, obligations and the consequences of that type of arrangement. It must be done correctly to protect your interest and investment.

That type of declaration affects all the lots in a subdivision or condominium after it has been recorded in the land records by the developer. Any purchaser that buys a lot or unit is subject to the terms and provisions set forth in the declaration.

Restrictive covenants can govern lot size, building type and use, square footage of dwellings, garage size, architectural style, building lines, construction of out buildings, construction of pools, fences, shrubs, wetland buffer zones, noise, pets, etc. The right to amend the terms is usually reserved as well as the right to grant easements in the future. Fees can be assessed for upkeep and maintenance of common areas within a subdivision. The foregoing is only a small sampling of terms and provisions that can be included.

No. If the estate has been probated and the file is closed then the owners by inheritance can convey the property by a deed that cites the probate as their source of title. An attorney who specializes in conveyancing should draft the deed.

A tax lien is recorded by the IRS, the state department of revenue or the town when the property owner is delinquent on payment of some type of taxes. The property cannot be sold or refinanced until the tax lien is paid.

Any other person who may inherit the property would inherit it subject to the mortgage. If the mortgage is not paid the bank can take possession of the property by foreclosure.

The person who owned the property at the time of the mortgage signed their rights in the property over to the bank when they signed the note and mortgage. Depending on your state laws the bank either owns the property or has a lien on it until the debt is paid. The bank will not release its interest until it's paid in full.

No. In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

I've had a few people ask why as a commercial, lifestyle, and advertising photographer do I shoot property as well.

Well, we have got a number of reasons for why we should do.

1. Property photography requires a different set of skills and techniques to our usual commercial work, so it's great fun for us to shoot something a little different.

2. It's also nice to shoot something that's still and won't move or blink from time to time.

3. These property investors may become friends and you can learn a lot from them about business, finance, and investing.

4. Property photography is much lower paying than commercial work. So you should go into every property shoot thinking how you could possibly make some additional income from the images you take.

I believe you may be referring to the Consumer Real Estate Settlement Protection Act (CRESPA), which forbids acting as a “settlement agent” unless licensed as 1) an attorney, 2) a title insurance agent or company, 3) a real estate broker, 4) a “financial institution” (defined by Virginia Code as banks, savings institutions, credit unions, state chartered industrial loan associations or consumer finance companies), or 5) an affiliate or subsidiary of a “financial institution”. Check out the link provided below.

Yes (although it's rude), unless they have an agreement to the contrary.

Similarly, if one of the co-tenants were to die, the heirs of that co-tenant would inherit that portion of the undivided interest and could keep it or sell it. However, if there were rights of survivorship, only the last surviving tenant (and his/her heirs) would own the whole thing.

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There are about 1.26 acres in a 55,029 square foot parcel of land.

No, the liens are against the property itself, not the person. Regardless, property that has a lien in place cannot be sold, transferred or disposed of in any manner and a clear title cannot be issued until the lien(s) has been satisfied.

That depends on the terms of the original grant. If the right to revoke the easement was reserved by the owner then the easement can be revoked. The language used in grants of easements is legally significant. You need to have the original grant reviewed by an attorney who specializes in real estate law in order to determine what your rights are.

You can go to your local land records office and look up his name in the grantee index to find his deed.

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Assuming that the FIRST mortgage was foreclosed, a foreclosure wipes out any mortgages that were recorded after the foreclosed mortgage.

A title company can help you add his name to the title. However, you should note that this gives him the right to sell the home in some states, and if this gives you qualms, consult a real estate lawyer so that your interests and right to live in the home are secure.