answersLogoWhite

0

💰

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

Can an indivdual sell his portion of mineral rights when he is one third of an estate that has never been surveyed or divided?

Assuming you mean you and the others are tenants in common, generally yes, each can sell his or her percentage without the consent of the others. That may change if there's an agreement of some kind that controls the situation such as an inheritance that was part of a trust arrangement to keep the mineral rights in the family.

Will a deed of sale be valid if an authorizing signature was forged?

The deed would be declared invalid. It was obtained through fraud.

Can the mortgage company change the locks on a foreclosed home without giving the former owners notice?

If it has taken legal possession of the property the answer is yes. The mortgagor would have been given notice of the sale by certified mail and by a publishing in the local newspaper. Many homeowners who are facing a foreclosure are so distressed they fail to open correspondence from the lender. However, that correspondence contains important information the lender is required to provide to the mortgagor. It should all be reviewed for details. If on the other hand the homeowner was not provided with notice of the impending sale according to state laws then the foreclosure may be defective. You would need to seek the advice of an attorney to make that determination.

Are you financially responsible after you deed over the property?

In addition to the information provided above you, as the former owner, may have responsibility for issues NOT disclosed about the property during your time of ownership such as buildings or structures on the property without having proper authority or permits, chemical contamination, structural defects, dangerous conditions, etc. Some states require disclosure statements and professional inspections.

Can a name be added to a deed without the owners consent?

Of course not. In order to "add" a name to a deed the owner must execute a deed that transfers their interest or a partial interest to another person. Only the owner of property can transfer any interest in it.

Of course not. In order to "add" a name to a deed the owner must execute a deed that transfers their interest or a partial interest to another person. Only the owner of property can transfer any interest in it.

Of course not. In order to "add" a name to a deed the owner must execute a deed that transfers their interest or a partial interest to another person. Only the owner of property can transfer any interest in it.

Of course not. In order to "add" a name to a deed the owner must execute a deed that transfers their interest or a partial interest to another person. Only the owner of property can transfer any interest in it.

What does no restrictions or provisions mean on deeds?

That means the land is transferred free of encumbrances or additional rights that inure to the property. However, encumbrances are not always mentioned in deeds. That is the reason why every purchaser should arrange to have the title examined to determine if any encumbrances were mentioned in prior deeds.

Does grant deed contain implied warranties?

Yes. Every jurisdiction (state) has its own particular legal terms regarding deeds. Grant deeds are used in California and that type of deed warrantees that the property has not been sold to anyone else and that the seller has disclosed all the encumbrances.

If a utility easement is no longer in use how do you get a release from the utility company?

You need to contact the easement department of the utility company that owns the easement and ask for a release. The utility must research the easement in their records which is sometimes a very complicated process. They may require a fee for the research and release. That fee can run in the hundreds of dollars. On the other hand they may refuse to release it at all even if it is not in use. Once they have property rights some utility companies don't let them go.

How do parents deed house to children if one is married?

You should seek the advice of a real estate/estate planning attorney in your area who is familiar with the property laws in your state. There may be tax consequences. You should also discuss the consequences of a conveyance to your married daughter under the statutory provisions of your state.

How do find a land owner without a property address or parcel?

Can you describe the property? Can you find it relative to something else, or locate it on a map?

If it's right beside your property or another property that you have the address of, find that address in Geodata; the parcels adjacent to the address you look up are labeled.

If it's not near yours or any address you can find but it is beside a road, go to a search engine like Google Maps that has street view and type in an intersection nearby. When you go to street view, turn and move your viewpoint until you are looking at the property you want to find the owner of. There should be an approximate address. Then contact your local Register of Deeds office. If you only have the approximate address, tell them you're not sure what property it is but you have an approximate. A lot of deeds come with little maps, and all of them will reference something that allows the property to be decisively determined, so if nothing else searching for properties near the approximate address may find you what you need.

If there's no street view available or no approximate address, and you're looking at a property in a city, then the street signs will have the block numbers on them -- or, ours do, and most of the street signs from other cities that I've seen do; I don't actually know that this holds true for cities I've not visited, and I know many county or non-government signs omit them. But if they have them, you can tell the Register of Deeds office's clerk that you're looking for a property in that block.

Other than that, I have no idea, but you could always ask your Register of Deeds office.

Mother has dementia and a revocable trust you have power of attorney can you transfer the deed on the house to your sister and yourself by a quitclaim deed and sign it as power of attorney?

IF the POA document is "Durable", and it granted you the power to transfer your mother's real estate, and it was executed by your mother when she had legal capacity, then you may be able to make that transfer. However, you should seek the advice of an attorney to discuss your options. If the transfer isn't proper it won't vest title in you and your sister and that situation may be costly to correct when you try to sell the property at some future date.

What is the legal description of cohabitation?

CohabitationA legal description of cobabitation is: To live togeter as husband and wife. It may or may not include sexual relations. To illegally hav sexual intercourse.

Does a trust arise when legal and equitable title are merged?

Generally, when legal and equitable title are merged there is no trust. There is a merger of title that would result in the invalidation of a trust if, for example, the trustor, trustee and beneficiary were one and the same person. A person who is contemplating a trust should always consult with an attorney who specializes in trust law in the state and who has a good reputation. State laws vary and trusts must be carefully drafted to comply with federal tax laws. If a trust fails, the property remains vulnerable to creditors, taxes and the property will be part of a decedent's probate estate. Trust errors can be costly to correct if they can be corrected.

The essence of a trust is splitting the legal and equitable interests.

Why was Ruth considered an outsider and without property rights?

she was considered an outsider because Ruth was from Moab, and had no property rights because she was a widow and did not have any children.

If a man went bankrupt and the wife's name is on a house title but they separated before the discharge date does he have any rights to the property?

If his name is on the title he is still a part owner of the house. The way real estate is handled in bankruptcy is contingent on several factors. How the home is titled according to state statutes If the person(s) reside in a community property state. The amount of the homestead exemption. And the mortgage status, (if there is one), plays a large part also. The matter of separation is not relevant. If there were a divorce decree dividing the property, that might or might not play a part in the partitioning of the property.

Is a husband entitled to equity in a house he is not on the deed to in ma?

No. Massachusetts is a separate property state. In a divorce the separate property may be considered in a division of property but the court would consider many factors before rendering a decision if the property ownership was a contested issue.

If someone owes you money and you have a copy of a cashiers check to prove it was a personal loan can you put a lien on his house if he does not pay?

You need to sue the borrower in court. You need to satisfy the court that the funds were a loan and not a gift and that the funds were not paid back. The defendant will have the opportunity to answer the charges, usually by claiming first that the funds were a gift, and if the court determines there was a loan the defendant must provide proof that the loan was paid. Your copy of the cashier's check may provide compelling evidence that there was a loan in the first place. If you win, the court will issue a judgment lien that can be recorded in the land records. The property cannot be mortgaged or sold until the lien has been paid.

If a man with five children dies and two of his sons live in his house and run his restaurants how can his daughters get their share of the estate?

His daughters can petition the probate court to be appointed the administrators of his estate. Once appointed they will have control over all the property owned by their father at death. They should consult an attorney who specializes in probate who can review the situation and explain the options. If there was no will the property will be divided equally among all the children. If the brothers want to keep the house and business they must purchase the shares owned by their sisters. You should consult an attorney ASAP.

How do you get property back after fraudulent Quit Claim Deed?

You have not provided enough information as to why the deed is fraudulent. If the deed was not executed by the legal owner of the property then the deed has no effect. If there are other reasons why you think the deed was fraudulent then you can add them on the discussion page. Some fraudulent conveyances must be set aside by a judge.

You have not provided enough information as to why the deed is fraudulent. If the deed was not executed by the legal owner of the property then the deed has no effect. If there are other reasons why you think the deed was fraudulent then you can add them on the discussion page. Some fraudulent conveyances must be set aside by a judge.

You have not provided enough information as to why the deed is fraudulent. If the deed was not executed by the legal owner of the property then the deed has no effect. If there are other reasons why you think the deed was fraudulent then you can add them on the discussion page. Some fraudulent conveyances must be set aside by a judge.

You have not provided enough information as to why the deed is fraudulent. If the deed was not executed by the legal owner of the property then the deed has no effect. If there are other reasons why you think the deed was fraudulent then you can add them on the discussion page. Some fraudulent conveyances must be set aside by a judge.

What are typical conveyancing fee prices?

A conveyance fee is what is called a transfer tax. It can run anywhere from two percent up to four percent. Conveyance fee can run a variation of prices depending on the size of the house bought.

Can a joint tenant deed to themselves as tenants in common to break joint tenancy?

Generally, no. A deed to yourself for land you already own would be null.

You should contact an attorney who could arrange to have you convey to a straw who would then convey the property back to you.

Generally, no. A deed to yourself for land you already own would be null.

You should contact an attorney who could arrange to have you convey to a straw who would then convey the property back to you.

Generally, no. A deed to yourself for land you already own would be null.

You should contact an attorney who could arrange to have you convey to a straw who would then convey the property back to you.

Generally, no. A deed to yourself for land you already own would be null.

You should contact an attorney who could arrange to have you convey to a straw who would then convey the property back to you.

Does widowed spouse inherit as right of survivorship or joint tenant in VA?

If she and her husband were both on the deed, it will be survivorship. If not, she will have a claim on the property.

Trending Questions
How far should you go in the limiting property rights for the sake of the environment? What is rule of mineral rights ownership when death to other party having one half mineral rights? How do you get a quitclaim deed notarized if grantors live in different states? In a life estate who pays for insurance? Can real estate that is deeded to an irrevocable trust be sold by the owner? Can someone with an easement deed that easement to someone else? If both names are on the mortgage and deed and you breakup who is responsible? Can a recorded quitclaim deed create a cloud on title thereby preventing a foreclosure action? Parents put property in trust father passed away mother wants to take property out of trust. How does she do this? Who is the owner of dairymilk? Can a property management company tell the tenant that they are the owners in fee of a property if they are not the fee owners? What does va stand for in relation to a mislaid title deed? I want to sell the house my brother and I inherited but he doesn't. Can I charge rent from him until till he buys me out or we sell the property? The easement runs through the front house of the owner can the owner move the easement to another location or what would be the legal solution? What happens if you cant get a easement? How do you find out if a joint account has right of survivorship? Does a contract for deed constitute legal or equitable title? What to do if someone unjustly puts a lien on your property? Does grant deed contain implied warranties? What is a dedicated easement?