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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
Need more details. Name first names, the reverter clause and explain who took the property.
How do you remove the prior owner of a property that you bought at a Tax Deed Resale?
Generally, when a town takes property for non-payment of property taxes, the title must be cleared by a court decree barring the former owners from any rights of redemption. In Massachusetts we look for a Land Court decree and it is the general practice for towns to obtain that decree before selling the parcel to a new owner. You may try to obtain a quitclaim deed from the prior owner for a nominal sum if there was no court decree. The laws vary from state to state. You would need to research the practice in your state by consulting with a local attorney.
How do you take a name off a Title in California?
A person must convey their interest by deed in order to surrender their title to the property. In the case of a joint owner who has died, a death certificate must be recorded in the land records in order to clear the title. If the decedent owned a sole interest in the property their estate must be probated.
If a person who owns property conveys it by deed before their death and they bequeathed the same property to someone else in their will, the deed prevails. If the property was already conveyed to someone else the property was not part of the estate assets when the testator died.
your husband can file a quit claim deed for 50% of the property to you.
Does ipf on a plat indicate property line?
It is more likely that means “iron pin found†at that location.
Will filing quiet title action eliminate liens and mortgages on a parcel?
A quiet title action can only "quiet" liens or claims that have been made a part of the quiet title action. Usually that type of action involves an old but still active lien or mortgage that was paid but was not discharged as of record. Quiet title actions cover a very broad category and may vary in different state jurisdictions. You should consult with an attorney about your particular case.
If you wish to wipe out unpaid liens and mortgages through a quiet title action forget about it.
In an undivided interest property can one and only one partner give permission to hunt?
You should have permission in writing from all the owners of the property.
Our Neieghbor has access on his own property but wants to claim easement through our?
He would have to go through legal proceedings concerning property boundaries. It is dountful that he could do this unless it has to do with safety or he has been using the property for 7 years.
It depends upon who owns the property. If both names are on the title then each is legally entitled to 50% of the net proceeds.
If the property is in the name of the "other spouse" alone then they have no legal obligation to share the proceeds. Of course, that might change if the couple was in the process of a divorce and the divorce had been filed.
Why should you respect other peoples property?
You should respect it because if you respect theirs they will respect your property
What is the difference between a title search and title insurance?
The more appropriate term is title examination.
A title examination is a comprehensive examination of the public land records to determine the ownership of a property, whether there are any outstanding liens or encumbrances on the property, whether any other entity has rights in the property, and to discover whether there are any issues or defects that need to be resolved prior to the purchase of a property. In order for a person to sell their property they must be able to transfer "marketable title" to a property. Marketable title is free from encumbrances that would cause a reasonable purchaser to not purchase the property. When you purchase a home, a title company or attorney's office will hire a professional to examine the record title to the property to determine whether any issues need to be resolved prior to transferring title. For example, in Massachusetts title examiners are required to research back in the public records for a period of 50 years to look for liens, easements, and problems with the title. Other states have similar requirements.
But what if something that was not apparent in a title examination at the time of the purchase surfaces after someone purchases a property? These latent defects in title cost people time, money and potentially the right to use and occupy their home. Title insurance insures exactly this situation.
There are two types of title insurance. First, there is lender's title insurance. Lender's title insurance protects the lender's right to title (i.e. a mortgagor's right to first lien position on the property) and is required for most mortgages and loans encumbering real property. As it is protecting a loan the premium amount is based upon the amount of the loan. This type of insurance only protects the lender's interest in the property NOT the homeowner's. If there is a defect in title that is uncovered after a homeowner purchases a home, the lender's policy will not protect their interests.
The second type of title insurance is Owner's Title Insurance. This is a policy of title insurance that protects the homeowner's interest in the property. The premium amount is based upon the purchase price of the home. It is a one time fee that protects the homeowner for as long as they own the property. If a problem arises, the title insurance company will pay to defend your right to title or to fix the problem. If the problem cannot be fixed, the title insurance company will pay any monetary losses incurred by the homeowner.
Common title problems are: mistakes in registry records or improperly indexed documents, errors on deeds commonly in the parties or descriptions, improperly or un-discharged mortgages, and undisclosed heirs. These problems are real and do occur fairly often.
As with any type of insurance there are exceptions to coverage. You should check with a title insurance agent before purchasing a policy and, as always, if you are purchasing real estate you should consult with a real estate attorney prior to putting in an offer.
Can a person named in a will still inherit if someone else has a quick claim deed to the property?
You are referring to a "quitclaim" deed. If the deed is valid then the person named in the deed is the rightful owner.
She should have the rights to the house. Normally when a person dies without a will, the state has a default will that they use to determine who gets the assets. Check with an attorney for your state. * In every state the current spouse of the deceased is entitled to the homestead or a portion thereof. Generally the largest portion of an estate is awarded to the surviving spouse by means of the state probate succession laws when the person dies intestate. Furthermore, the primary residence of the married couple is never entered into probate procedure in community property states or included in probate procedure in other states unless the property title bears the names of persons other than the surviving spouse.
Usually in these, cases ownership will go to the surviving spouse.
How can you transfer an existing mortgage out of your own name and into the name of an LLC?
You cannot transfer a mortgage since the mortgage is owned by the bank. The bank is unlikely to remove the obligation from you to an LLC. You would need to pay off the existing mortgage, transfer the property to the LLC, and then refinance under the LLC . . . if the bank will allow the transfer of title and new mortgage.
How can you remove a young minor child from deed to vacant land so you can build on it?
Generally, when a minor child has an interest in real estate a Guardian must be appointed to represent the child in the sale of real estate. The court will also appoint a 'guardian ad litem' as an advocate for the child, to review the transaction and report back to the court whether the sale is in the best interest of the child. The court must then issue a license that will provide the Guardian with the authority to execute a deed that conveys the child's interest in the real estate.
How do you find covenants on your property?
Generally, in recorded land record systems, you find any covenants that affect your property by first checking your deed and then by examining the title in the land records for a period of at least 50 years.
Is North Dakota a tenancy by entirety state?
No. The only way to create a survivorship interest in ND is by a joint tenancy:
North Dakota Statutes: 47-02-05. Concurrent ownership defined.
The ownership of property by several persons is either:
1. Of joint interests;
2. Of partnership interests; or
3. Of interests in common.
Is Recording a deed as unmarried but are married legal?
Not technically. While it is unlikely that anyone has ever had the police show up for doing so, it is technically fraud. If you are married and live in a community property state, your spouse has rights to property obtained in the course of the marriage. The spouse may give up this right. A married male holding title alone would record as " John Doe, a married man, as his sole and separate property". If it came down to a lawsuit, the courts would see that the marriage predated the property vesting and the spouse would likely be able to claim an interest.
Is the state of Georgia a state that is a Tenancy by the entirety?
That is but one of the legal methods by which property may be owned.
STATE OF ____________________________
COUNTY OF ___________________________
____________________________- herewith declares that pursuant to the laws of ____________________________-, that the following described property is entitled to exemption from the claims of creditors:
_________________________________________________________________
Dated: ________________________
_____________________________________
____________________________ By Owner
File with appropriate court
Homestead DeclarationReview List
This review list is provided to inform you about this document in question and assist you in its preparation. If you can file this in your home state, you are well advised to do so to protect your property from ex parte and other liens.
1. Get this filed in your appropriate local court. If you need more information or other documents, let the court guide you in that regard.
What happens when you remove a cosigner from your house deed?
First and foremost, you cannot remove a "co-signer" of a mortgage from the obligations of the mortgage. They may release their interest in the property by signing a deed but that doesn't release them from their obligation to pay the mortgage.
This type of situation often happens in a divorce when the parties have a poorly drawn agreement that one will convey their interest to the other and the other will take responsibility for the mortgage. It doesn't work that way legally. The bank is not bound by a divorce agreement. The mortgage must be paid off and refinanced in the name of the person who will take sole ownership.
