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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
An unrecorded deed can cause serious problems for the grantee. The short answer to your question is that the grantee on the 1982 deed does not own the land. He may be able to get a refund of the money he paid for it from the grantor but he would need to seek the advice of an attorney to determine the statute of limitations in that type of a transaction. Oklahoma is essentially a race-notice state. That means the deed must be recorded in order to give notice to the world that you own the property. If you don't record the deed it may be only effective against the grantor. If enough time passes, it may not be effective at all. For example, suppose William conveyed his sprout land containing 20 acres to his brother Patrick for a nominal sum. Patrick never recorded the deed. Fifteen years later, William is older and his memory goofs off occasionally, Patrick still lives in town, that sprout land out in the rear is just sitting there and William's son suggests that he sell the land for retirement income. A developer purchases the 20 acres for a fair price and records the deed. She has no notice that the land was sold to Patrick. She is now the legal owner of the land. If Patrick finds out that the land was sold and remembers that he still has that old deed in a drawer it can only be used to try to get his money back from William. On the other hand, if Patrick could prove the local developer knew he bought the land fifteen years ago and didn't record the deed, and was purposely taking advantage of the situation, then Patrick could regain title to the land. However, a court order would be required and legal expenses would be incurred in obtaining it. RULE: Deeds should always be recorded ASAP.
Do easements on land transfer during bankruptcy?
If the easements affected the land prior to the granting of the mortgages the property remains subject to or with the benefit of those easements. If an easement was granted aftera mortgage and the lender consented then the property will pass subject to the easement.
Who pays the bills when a property is titled JTWRS?
"JTWRS" means Joint Tenancy With Rights of Survivorship, and is strictly the legal description of how real property is owned and recorded. If one of the owners dies, the property automatically passes to the other. It and has nothing whatsoever to do with who pays the bills.
If the name is spelled correctly in the documents and the error was made by the Registry of Deeds when they entered the information into the records you should bring the error to their attention and insist it be corrected. If you received the originals back then take them to the Registry so the name spelling can be checked. When the Registry makes an error indexing recorded instruments that can cause serious problems when those documents are not able to be "picked up" under the spelling of the grantor's name. The error can be corrected in the computer.
If the error was made by the entity that drafted the documents then a scrivener's affidavit should be recorded or, if the error is serious enough, corrective documents should be recorded.
What are the responsibilities of the utility in an easement agreement?
A common feature is that the utility must restore the land to its original condition if it disturbs the area during any installations or improvements. For all the details you must review the easement agreement.
Explain the contents of a partnership agreement?
A partnership agreement structures the internal operations and interactions between partners of a general, limited or limited liability partnership. Partnerships are flexible business entities, but to take advantage of this flexibility you need a partnership agreement. Most states have enacted either the Uniform Partnership Act or the Revised Uniform Partnership Act, both of which provide a comprehensive set of default rules for partnerships (limited partnerships have their own statutes).
A partnership agreement allows you to make rules differing from the state defaults. For instance, in Virginia, a Uniform Partnership Act state, all partners have an equal vote in management regardless of how much each partner has invested. So if there are 3 partners, A invests 70% of the business' assets, B invests 15%, and C invests 15%, they each have 33.3% of the voting power. B and C could control the partnership even though A invested most of the assets. By default each partner also shares in profits and losses equally. Another default rule is that a new partner may only be admitted with the unanimous vote of the existing partners.
A partnership agreement allows you to change these default rules to something better suited to your specific goals and concerns. Instead of equal voting and equal sharing your partnership agreement could provide for voting based on capital contributions and majority consent to admit new partners.
Some good provisions
for a partnership agreement are: 1) voting; 2) delegation of responsibilities; 3) restrict partners' ability to act alone (for instance, you could make a rule that no partner could enter a contract where the partnership would spend more than $X without majority consent); 4) profit & loss sharing; 5) distributions; 6) indemnity; 7) actions requiring supermajority
consent; 8) business succession plan; and 9) exiting the partnership or ending the partnership. Number 8 will provide for transferring partnership interests or preventing you from ending up a business partner of your partner's family under some circumstance.
Even if you think the state default rules will work for you, you should still write a partnership agreement. It will get all the partners on the same page (no pun intended), reduce finger pointing, and increase efficiency. Also, you and your partners probably don't know all of your state's default rules so the writing the agreement will get you talking about them and understanding them.
If my husband refinances our house in his name only am i still co owner?
Consult an attorney in your area. Laws differ at the state level in the US about who owns what in a marriage (and it's not clear you're even in the US, in which case it's even more important to talk to someone who knows specifically what the local law is). The answer is probably yes, unless you sign something specifically giving up your rights to the property in favor of your husband, and possibly even then (some courts hold that such a contract entered into after marriage is de facto invalid as no "consideration" has been given in exchange for the property). It's also at least possible that such a transaction could be considered an attempt to defraud a creditor, and you and your husband might end up facing a jail sentence. Really. On this one, do not trust anything you read on the internet, see a lawyer.
When were US women no longer the property of their husbands?
Wives were never their husbands property. The wife's property did become her husband's. But a husband could not sell his wife. Divorce was hard to get so he couldn't even leave her. He was obligated to support her. He had to protect her. He could not kill her. If got a divorce and it was considered his fault (e.g. he committed adultery) he had to support her for the rest of her life.
In Western cultures since the middle ages a dowry, paid by the bride's family to the groom, was more common.
"Abandoned property" must be taken by the town by a tax title process in order for the town to have the authority to sell it to a new owner. If you have a particular property in mind then you need to visit the local tax assessor's office to determine its status. Someone may be paying the taxes or you may find that the taxes have become delinguent. In that case you can ask if and when it will be offered for sale by the town.
See the related link for an overview on the factors that are reviewed by a title examiner when examining the title to real property.
What is the term natural person in real estate?
==One Answer== At law, a "natural person" refers to a real human being, as distinguished from a corporation which is often treated at law as a fictitious person.
How is title on property conveyed after the death of the grantor in a life estate deed?
I will assume that the 'grantor' conveyed property to you and reserved a life estate. If that life tenant has died their life estate is extinguished. You need to record a Death Certificate in the land records to show proof of their death. You are now the fee owner and the property is free and clear of the life estate. You can convey the property by any type of deed listing you as the grantor. You could add a statement at the end of the deed stating that the life tenant (name) died on (date) and a Death Certificate is recorded in (recording reference). You could also attach a Death certificate to the deed of conveyance and record both at the same time.
What are the challenges that a land surveyor may face during a property boundary survey?
There are many challenges that can affect the surveying of land:
- Meandering streams and rivers that for a boundary between properties
- Ponds that have disappeared
- Wood stakes and other markers that have disappeared over time
- Monuments that no longer exist such as trees
- Deed descriptions that came into existence before the roads were named
- Inadequate descriptions
- Missing historical records
- Missing estate records
- Unrecorded deeds and errors in deeds
- Incorrect area measurements in ancient deeds
- Databases that lack older records
- Co-ordinates that change over time
- Land features that change over time due to such factors as weather and catastrophic storms
- Prior recorded surveys that contain errors
What are subsequent property rights?
Subsequent property rights would refer to property rights that arise after you take title to the property. An example would be your obtaining an easement from your neighbor after you purchase your property.
How do you put your grandchild on your house deed?
You need to consult with an attorney. Minor children usually acquire an interest only by inheritance.
If the child is a minor:
You can execute a deed that transfers your property to a minor child, however, it's not a good idea. Adding a child's name would actually complicate the title to the property and could result in legal costs down the road. A problem would arise if the property must be sold or if you decide to take the child's name "off" the property. At that time you will encounter legal difficulties.
Generally, if the property must be sold, a guardian would have to be appointed by a court to sell the property for the minor. Remember that the property will be considered the child's property. The guardian will need to obtain a licensefrom the court. The court will require the appointment of a 'guardian ad litem' who would need to review the proposed sale and report back to the court whether it is in the best interest of the child. All those appointees would need to be paid for their services. There would be court costs and attorney's fees if you need to hire an attorney. After the sale, the court would require that the proceeds be supervised on behalf of the child until they reach the age of eighteen.
In some states, a child can refuse the property when she comes of age and the conveyance could be voided. That might cause other problems.
If nothing will be done with the property until the child becomes an adult, and it's a friendly conveyance (not one carried out to defraud or to purposely encumber the title), then there is no prohibition against it in Massachusetts. However, if the conveyance is done to avoid creditors the court can void the conveyance and the creditors can seize the property.
There is one more factor to consider. Once the child becomes eighteen, remember- they are the legal owner and the relationship may not be so friendly. They may refuse to convey the property back unless they receive compensation. Also, the property will become vulnerable to their creditors.
If the child is an adult:
An attorney can draft a proper deed for your jurisdiction and explain the legal consequences of the transfer and tax consequences, if any.
You need to consult with an attorney. Minor children usually acquire an interest only by inheritance.
If the child is a minor:
You can execute a deed that transfers your property to a minor child, however, it's not a good idea. Adding a child's name would actually complicate the title to the property and could result in legal costs down the road. A problem would arise if the property must be sold or if you decide to take the child's name "off" the property. At that time you will encounter legal difficulties.
Generally, if the property must be sold, a guardian would have to be appointed by a court to sell the property for the minor. Remember that the property will be considered the child's property. The guardian will need to obtain a licensefrom the court. The court will require the appointment of a 'guardian ad litem' who would need to review the proposed sale and report back to the court whether it is in the best interest of the child. All those appointees would need to be paid for their services. There would be court costs and attorney's fees if you need to hire an attorney. After the sale, the court would require that the proceeds be supervised on behalf of the child until they reach the age of eighteen.
In some states, a child can refuse the property when she comes of age and the conveyance could be voided. That might cause other problems.
If nothing will be done with the property until the child becomes an adult, and it's a friendly conveyance (not one carried out to defraud or to purposely encumber the title), then there is no prohibition against it in Massachusetts. However, if the conveyance is done to avoid creditors the court can void the conveyance and the creditors can seize the property.
There is one more factor to consider. Once the child becomes eighteen, remember- they are the legal owner and the relationship may not be so friendly. They may refuse to convey the property back unless they receive compensation. Also, the property will become vulnerable to their creditors.
If the child is an adult:
An attorney can draft a proper deed for your jurisdiction and explain the legal consequences of the transfer and tax consequences, if any.
You need to consult with an attorney. Minor children usually acquire an interest only by inheritance.
If the child is a minor:
You can execute a deed that transfers your property to a minor child, however, it's not a good idea. Adding a child's name would actually complicate the title to the property and could result in legal costs down the road. A problem would arise if the property must be sold or if you decide to take the child's name "off" the property. At that time you will encounter legal difficulties.
Generally, if the property must be sold, a guardian would have to be appointed by a court to sell the property for the minor. Remember that the property will be considered the child's property. The guardian will need to obtain a licensefrom the court. The court will require the appointment of a 'guardian ad litem' who would need to review the proposed sale and report back to the court whether it is in the best interest of the child. All those appointees would need to be paid for their services. There would be court costs and attorney's fees if you need to hire an attorney. After the sale, the court would require that the proceeds be supervised on behalf of the child until they reach the age of eighteen.
In some states, a child can refuse the property when she comes of age and the conveyance could be voided. That might cause other problems.
If nothing will be done with the property until the child becomes an adult, and it's a friendly conveyance (not one carried out to defraud or to purposely encumber the title), then there is no prohibition against it in Massachusetts. However, if the conveyance is done to avoid creditors the court can void the conveyance and the creditors can seize the property.
There is one more factor to consider. Once the child becomes eighteen, remember- they are the legal owner and the relationship may not be so friendly. They may refuse to convey the property back unless they receive compensation. Also, the property will become vulnerable to their creditors.
If the child is an adult:
An attorney can draft a proper deed for your jurisdiction and explain the legal consequences of the transfer and tax consequences, if any.
You need to consult with an attorney. Minor children usually acquire an interest only by inheritance.
If the child is a minor:
You can execute a deed that transfers your property to a minor child, however, it's not a good idea. Adding a child's name would actually complicate the title to the property and could result in legal costs down the road. A problem would arise if the property must be sold or if you decide to take the child's name "off" the property. At that time you will encounter legal difficulties.
Generally, if the property must be sold, a guardian would have to be appointed by a court to sell the property for the minor. Remember that the property will be considered the child's property. The guardian will need to obtain a licensefrom the court. The court will require the appointment of a 'guardian ad litem' who would need to review the proposed sale and report back to the court whether it is in the best interest of the child. All those appointees would need to be paid for their services. There would be court costs and attorney's fees if you need to hire an attorney. After the sale, the court would require that the proceeds be supervised on behalf of the child until they reach the age of eighteen.
In some states, a child can refuse the property when she comes of age and the conveyance could be voided. That might cause other problems.
If nothing will be done with the property until the child becomes an adult, and it's a friendly conveyance (not one carried out to defraud or to purposely encumber the title), then there is no prohibition against it in Massachusetts. However, if the conveyance is done to avoid creditors the court can void the conveyance and the creditors can seize the property.
There is one more factor to consider. Once the child becomes eighteen, remember- they are the legal owner and the relationship may not be so friendly. They may refuse to convey the property back unless they receive compensation. Also, the property will become vulnerable to their creditors.
If the child is an adult:
An attorney can draft a proper deed for your jurisdiction and explain the legal consequences of the transfer and tax consequences, if any.
Where was this small territory has been a source of dispute between Israel and its neighbors?
Israel and neighboring countries have been disputing over who owns the Gaza Strip. Gaza's land area is only 360 km2 (139 mi2) which makes it smaller than every US state, smaller than Jan Meyen (a spoon-shaped Norwegian island), but a bit bigger than the US Virgin Islands.
If beneficary dies before the insured does surviving spouse have rights?
If the beneficiary of a life insurance policy predeceases the insured, the insured should make arrangements to name a new beneficiary. If they do not, the policy proceeds will become part of their estate if they die without naming a new beneficiary. You should consult with the insurance company.
Can you quickclaim a deed if you owe assessment fees to the homeowners asociation?
The outstanding fees will show up at the closing. Obtaining a certificate that there are no fees due is an automatic part of a closing on a condo unit or a property subject to any association fees.
Can you quick claim property from your name to another person even though you are married?
You can quit claim your rights to the property. However, that doesn't quit claim your spouse's rights to the proprty. Once married the spouse in most states has rights to the property.
You and your husband are the legal owners of the property but it is subject to the mortgage. If you default on the mortgage payments the bank can take possession of the property by foreclosure.
How do you remove a Notice of Lien recorded erroneously without a court judgment on your property?
If it is a Mechanic's Lien then no judgment is necessary for it to be implemented. If it is not, the person will need to file a petition with the court in which the judgment lien was filed to have it lifted. In most cases the injured party can ontact the office of the clerk of the court where the judgment was granted to obtain filing information and forms. The best option is to obtain legal advice before taking action. Most attorneys offer free or minimal fee consultations to discuss options. While I agree with the above, as the local recorders office, (town,county etc)is generally restricted to recording things that have met certain qualifcations to be recorded - or perfected - against a property, asking that office why it was allowed to be recorded would be a good first step. If it was intended to be recorded against another property and is a clerical error, they will probably just fix it. If the party had qualification to record it, even if you feel it isn't worthy, then you should seek help to clear it, which may well mean paying off whatever they have against you. If they actually had no just cause, and were just doing so to harrass or strongarm you, you may get an award for damages, and they may have other legal problems. Finally, just to clarify: Mechanics and Workmans liens attach to the property immeadiatly upon the work being done. Therefore they may be against a property when you do a title check, but not able to be seen. They do however need to be recorded within 30 days of the work, (generally, most areas) which can even be after a new owner has taken title. Again, generally to record or perfect them, you must present documents like certified mail receipts of demands for payment.
Can you sell a house without the deed?
If you owe money on a home you should hold title. A deed is the document that is publicly recorded. It signifies that you have an ownership interest in the real property described in the deed. It is not required that you have a deed, but it is not technically your house if you do not have a deed since you are not on title. It is not good to have a mortgage on a home that you don't own. Typically this can only occur if you sign a Quit Claim Deed that takes you off title. When you purchase a house it is the most critical part of the transaction since it is the document that actually transfers ownership.
Does a life estate affect disability?
A life estate does not have an affect on someone's disability. It may certainly affect their ability to collect disability payments.
A mortgage in default can be foreclosed no matter how many times you quitclaim it around the family. Every person who receives the property by a quitclaim deed takes it subject to the mortgage. You may slow down the process a little and add to the costs of the foreclosure but the foreclosure rides on the person who had title at the time of the mortgage. THEY gave an interest in the property to the bank in exchange for cash. If the cash was not paid back the bank is going to take possession of the property. Subsequent owners only need to be given notice of the proceeding.
Your husband is on title quit claim deed and mortgage is he responsible for paying mortgage?
Yes. He is the sole owner of the real estate and the sole owner of the debt.
Can you quit claim deed 10 percent of your home to someone?
Yes. You should consult an attorney who can draft the deed properly for your estate and explain the consequences as well.
Yes. You should consult an attorney who can draft the deed properly for your estate and explain the consequences as well.
Yes. You should consult an attorney who can draft the deed properly for your estate and explain the consequences as well.
Yes. You should consult an attorney who can draft the deed properly for your estate and explain the consequences as well.
