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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

We've had use of an easement in front of our property for eighteen years city now wants to widen the road so is there any way to protest this or are we just out the area we've been using?

The state or town has an absolute right to take private property for public use. That right is called EMINENT DOMAIN. It is derived from an ancient concept that all land belongs to the king and the king can take it back. In most cases the property owner's protest or consent is immaterial. Taking by eminent domain is used routinely to widen and relocate roads. The taking may be in fee or may be only a taking of easement rights. The property owner should receive a fair compensation for the land so taken. You may protest the taking but it is unlikely that you would succeed in halting the highway project.

Should you add your new wife to the title of a house you bought before you got married she does not pay any of the mortgage?

Well, who do you want to get your property if you die unexpectedly? If she is not on the deed then you should make certain you execute a will if you want the property to be hers if you die. Otherwise title will pass according to the laws of intestacy of your state and your wife may not inherit all the interest in the property.

Can home be given to children to prevent nursing home costs be taken as payment?

Your question involves estate planning. You need to consult with an attorney who specializes in estate planning to determine your options and the consequences, tax and otherwise, of a transfer of your property to your children. It takes several years after the transfer has been made for the government to consider the property to be out of your estate if you receive any government medical assistance. You should get some good legal advice ASAP.

How wide can an easement be if it were granted in 1924?

If there is no specification of the width in the grant (or the claim), then it would be bounded by the ordinary use for which such an easement is made (e.g., walking, driving a team of horses, driving heavy equipment, burying a single underground cable, etc). An easement can be for many purposes, from merely walking or driving across the property as a convenience, to daily vehicle access, to making a 10-foot trench, laying pipe and covering with a hard-topped road once every fifty years.

Who is the owner of rustan?

Bienvenido Tantoco, Sr is the owner of Rustans, which he co-founded with his wife, the late Gliceria Rustia in 1951. The husband and wife combined the first syllables of their last name and came up with, "Rustans". In 1971, he opened the first Rustan's Supermarket in Highway 54. He also served as the Philippine Ambassador to Vatican. In 2010, Forbes listed him as the 34th richest Filipino with a networth of USD95 million.

What means financial interest?

Financial interest is basically free money that accrues on your savings or checking accounts. In many ways, interest is almost a gift from the financial institution for using their products and services. Earning interest, however, does depend on the amount of money you have in your accounts. If your account is low, chances are you will earn little to no interest. If they are high, you can earn a substantial amount of interest per month.

If someone files a deed that has property listed that they don't own does this void the deed that was filed?

This is an interesting question. A person cannot convey what they do not own. If there was only one property described in the deed and the grantor does not own that property then that deed is a nullity, in other words, legally void. It would be ignored in the chain of title for that property. If several properties were described in the deed and one was not owned by the grantor then only the "conveyance" of that one property would be null and void and the deed would be effective as to the other properties that were owned by the grantor.

Are Air Rights real property?

Technically speaking, owning Air Rights is not owning property. YOu must own the soil underneith the building to have the air rights. Air Rights claim the right for the soil owner to build as tall as reasonable above their land.

Your dad had 10 kids before marrying your mom your mom had 3 before they married and 4 while married who has rights to real estate?

1.) Your Dad's 10 kids. 2.) Your Dad's wife. 3.) Your Dad's 4 kids with your Mom. 4.) Did your Mom and Dad have those 3 kids together? If so, then they have an interest. If not and he legally adopted, them then they have an interest. If neither then they don't have an interest. 5.) This is assuming your Dad has died.

Can a minor hold title to real estate in Michigan?

Children usually acquire an interest in real property only by inheritance.

Transferring title to real property to a child 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 to sell the property. The court will require the appointment of a 'guardian ad litem' who would 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 placed in trust on behalf of the child until they reach the age of eighteen.

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. 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, they will become the legal owner able to manage the property on their own 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.

Can a life estate be cancelled by the granter in Florida?

No. A life estate must be released by the life tenant unless the grantor reserved the right to revoke it.

Can rent a home i own and still collect ssi?

You can rent a home and still collect social security money. Social security money is meant to be a subsidy and not your only source of income.

Can you use your own land inside not blocking an easement?

Yes. As long as you do not impede the easement rights of the owner of the easement.

What is the definition of private channel?

Any water way that has been dredged, and maintianed by private individuals.

How do co owners hold property at law?

All classes of co-owners in fee simple have an undivided interest in the whole property. Therefore, each co-owner has the right to the use and possession of the whole property. If two people are grantees on a deed their respective one-half interests would come into operation as each person's share of the proceeds if the property was sold.

There are several different legal schemes for co-ownership called "tenancies" that govern who will receive the share of a co-owner who dies. See the related question link provided below for a full explanation of those various tenancies.

Your Dad died he has a place in Pennsylvania and you have no will how can you get a quick claim deed?

If your dad died without a will, he is said to have died "intestate." Under those circumstances anything your dad owned at the time of his death will pass to his closest familial heirs.

Is Hawaii a community property state?

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

What happened in the homestead act?

The Homestead Act opened the Great Plains west of the Mississippi River to settlement by pioneers by guaranteeing the pioneer family a parcel of land for them to farm and claim as their own.

What does the property term Carve-out mean?

It is a casual term that refers to the sectioning off of a small parcel from a larger parcel of land. From another perspective it means subdividing a larger tract. For example, a retired farmer might "carve out" house lots for his children from his unused farmlands.

It is a casual term that refers to the sectioning off of a small parcel from a larger parcel of land. From another perspective it means subdividing a larger tract. For example, a retired farmer might "carve out" house lots for his children from his unused farmlands.

It is a casual term that refers to the sectioning off of a small parcel from a larger parcel of land. From another perspective it means subdividing a larger tract. For example, a retired farmer might "carve out" house lots for his children from his unused farmlands.

It is a casual term that refers to the sectioning off of a small parcel from a larger parcel of land. From another perspective it means subdividing a larger tract. For example, a retired farmer might "carve out" house lots for his children from his unused farmlands.

Says on the deed for their joint lives with the remainder in fee simple to the survivor his or her heirs or assigns What happens if hubby dies first and have second parties on deed?

The language you described is the language that creates a joint tenancy with the right of survivorship. Upon the death of one of the parties on the deed the survivor will become the sole owner of the property. In your case, if your husband is the grantee on such a deed with another person and your husband died, the other person would automatically become the sole owner of the property.

What is a notarial instrument?

In notary terms, an "instrument" is merely another word for a document.

Can you transfer a home title to another person with out fees?

No. But A quit claim deed is simple and inexpensive. You have to pay a small consideration of money. Have lots of witness, video the tranfer, and have a well known Notary Public to witness the signatures.

If a mortgagor who is not on the title or deed is in default can the bank foreclose on the property?

If the mortgagor owned the property when they granted a mortgage to the bank then the bank has an interest even if the mortgagor conveyed their interest by a quitclaim deed. In that case the grantee would take title subject to the mortgage. If the mortgage isn't paid the bank can take possession of the property.

Can you get a Home Equity Loan on a home held in trust?

The trust (and trustees) might be able to get such a loan, provided the terms of the trust are examined by the bank and found to permit the bank to foreclose (take possession) of the home in case of default. Some lawyers insert restrictions on the type of risks that can be taken with property held in trust for others.