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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
What would be used to clear a defect from the title records?
A title defect, also called a cloud on the title, can prevent the sale of a property. 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.
In cases where it's not possible to record corrective documentation, a cloud on the title must be removed by a judicial order.
Absolutely. If you have the deed to their land, for all lawful purposes, it means that it is your land! You own it because you have the deed. You are even entitled to sell their parcel (not that you would, but you could).
On the down side, because you are registered as the owner of his land, when it comes time to pay property tax, the bill will come to you. Since the land is in your name you will be on the hook to pay for it.
You and your neighbor have to have this straightened out because it is the makings of a nightmare and lawsuits down the road. It looks like it's time to take a trip down to City Hall.
Are easements considered real property?
An easement is an interest in real property and easement rights are usually bundled under the definition of real property.
An easement is an interest in land owned by another person consisting of the right to use or control the land, or an area above or below it, for a specific limited purpose.
The land benefitting from the easement is the dominantestate. The land burdened by the easement is the servientestate. An easement can last forever but it does not give the owner any fee interest in the land.
There are many types of easements such for access, installation of utilities, installation of pipeline, installation of septic systems, sight easements, sidewalk easements, well and aqueduct easements, etc. In some cases easements are granted to a neighbor whose garage encroaches on the abutters land. That type of easement generally lasts only until the structure needs to be rebuilt.
Is there a usufruct over easement?
Usufruct is the legal right to use property that belongs to another person or entity. In many legal usufruct systems of property individuals or groups may only acquire the usufruct of the property, not legal land ownership.
You need to review the language in the instrument that created the easement to determine if the affected land can be used for other purposes. If you are the person to whom the easement was granted your use of the land encumbered by the easement is generally restricted to the use defined in the easement. If you granted the easement to another party the easement agreement may prohibit certain uses of the land encumbered by the easement.
Can you remove your name from deed in Ireland?
Removing a name from a deed is fairly easy. However, if they are also on a mortgage on that property, it may not be allowed.
The situation you describe is not the norm. Check the land records. You should find your deed, mortgage and the mortgage discharge. It is doubtful you were able to mortgage land you didn't own. The bank would be unable to foreclose in the case of default. If no discharge has been recorded the call the lender and request that one be sent to you immediately and then record it.
On the other hand, if you live in a state that uses deeds of trust for mortgages then call the lender that sent the letter and paid note and ask them to help you.
How easy is it to get a copy of deeds from the land registry?
Take a look at our online FAQs re requesting information from Land Registry.
You can get a copy of the title register and plan for over 23 million registered titles online or by post - so very easy to do
If the title register refers to other 'deeds' then these may also be available but only by post.
If the land/property is unregistered then we will have no record of the title deeds
Can the primary owner take the secondary owner off?
One owner of property cannot "take the other owner off". The second owner of the property must transfer their interest voluntarily.
When joint tenants take title to the real estate through the same instrument it is called?
Joint tenants must take title under the same instrument and that instrument is called a deed. Under the common law joint tenants must acquire the same interest at the same time. A joint tenancy is based on the legal theory that the tenants own one estate- together. Therefore, when one dies their interest is extinguished and the survivor is now the sole owner of the estate.
Note also that property can be acquired as joint tenants pursuant to a will that specifically states the property so devised is to be held as joint tenants.
The right to survivorship of the house takes precedence and it never gets into the estate.
Can a survivorship deed be reversed or cancel by land owner still living on property?
Deeds cannot be canceled. The grantee must convey their interest by a deed.
What does it mean that you cannot get the assets back in a revocable trust?
You CAN get the assets back in a revocable trust.
You CANNOT get the assets back in an irrevocable trust. An irrevocable trust cannot be terminated by the settler once it has been created. The settler transfers their assets into the trust and no longer has any rights of ownership in that property or the trust.
The main reasons for setting up an irrevocable trust are estate planning and tax purposes. Generally, assets in an irrevocable trust are shielded from creditors.
Is a quit claim the same as taking yourself off title of property?
Yes. You effectively "quit" your claim of ownership.
You should have a contingent beneficiary,if not you need one. That would be someone who receives the money if the primary is not alive. If none is listed it goes to the estate,
The sky is considered to be that region where clouds circle the earth- the upper atmosphere. That region is controlled by jurisdictional limits.
National airspace is a complicated issue and countries control the portion of the atmosphere above their territory, and in some cases, out over oceans that cannot be claimed as their territory. This could be considered the "sky". There is no international agreement as to the extent of sovereign airspace in outer space. You can read more about this at the related link.
Are husband and wife allowed to sell property to each other?
Caveat: as with all legal questions, it depends somewhat on where you are, since laws are different in different countries. You should consult a lawyer familiar with your local laws.
There's nothing fundamentally wrong with the notion, though if there are community property laws in your location, you'll definitely want to talk to a lawyer. Generally speaking, in a community property state most property acquired during the marriage is considered to belong jointly to both spouses. The ratio of ownership may be mandated by law (for example, California expressly regards community property as belonging equally to both parties), or it may be subject to determination by some other method. The expressly stated intent of both spouses may be sufficient to regard a particular piece of property as belonging solely to one or the other of them, or it may not (this is why I said talk to a lawyer).
Can the no claim bonus be transferred from 1st owner to 2nd owner?
No - because the no-claims bonus is issued to the current owner and is not transferrable to a new owner.
Registry of deeds who owns the property at 100 Keddy blvd in chicopee?
Since it would be inappropriate to post an individual's name here you could find that information by calling the Chicopee Assessor's Department or by calling the Hampden County Registry of Deeds to see if a staff member would look that up for you. You could also travel to those offices and look that information up for yourself.
What if you agree to buy property that is subject to a lien?
If you purchase property that is subject to a lien then you will be responsible for paying the lien. The lien holder should be paid before any proceeds are paid over to the seller. If you choose to ignore the lien holder's claim on the property and the lien holder discovers the sale,generally, they can request execution and the property will be seized by the sheriff and sold. Remember that a judgment lien grows larger every day it isn't paid due to post judgment interest and other costs. In Massachusetts the interest rate is 12%.
If you need to borrow funds to purchase the property the lender will insist the lien be paid and the amount will be added to the amount you borrow.
How may people can be placed on the deeds of a house?
Generally there is no limit to the number of grantees on a deed.
Record of deeds- What is meant by it is time to read to you your record of deeds?
"(Allah Swears an oath of great consequence) By the passage of time, all of the humankind are in a state of great loss (meaning Hell as a result of their dealings here on earth), except for those who come to the correct belief (Oneness of Allah) and do the deeds of righteousness; and encourage and exhort one another to Truth (all that pertains to Islam) and encourage and exhort one another to steadfast patience." Each person will receive his/her "Book of Record" (listing of all their deeds). Note: Quran states "Nay! Truly, the Record of the wicked is a Preserved Record."
