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Construction (mechanic's) liens in Alaska

A lien is a document filed by a claimant in the recorder's office against a property for recovery of a debt from the property owner for labor or furnishing of materials for the improvement of real property. By filing a lien, as a matter of public record, the claimant (typically a contractor) puts the owner (and anyone who might have a future interest in the property) on notice that he has a claim against the property. Timetables are an essential part of lien laws, and the requirements for no...


What is Lis Pendens?

Lis pendens, Latin for "suit pending," is written notice that a lawsuit has been filed which concerns the title to, or interest in, a specific parcel of real property [1]. The notice alerts potential lenders or buyers that the title to the property has come into question because of the pending legal action [2]. In many states, lis pendens notices are governed by statute. As such, the party serving notice needs to adhere to the requirements as demanded by the statute or the notice i...


All I Deed is the Air that I Breathe

(With apologies to the Hollies) How far do one's private property rights extend? For most property owners, the common understanding of property rights is limited to what they can find written on their deed. Deeds, or the documents evidencing title to real estate, describe real property by its boundaries, along with the rights and privileges (or restrictions to those rights and privileges) associated with the use of a specific parcel. Perhaps the property includes mineral rights. In tha...


Virginia Probate Process for Real Estate

Probate is the legal process of settling a decedent's estate and distributing his property to devisees according to the provisions of a will or to heirs at law. Probate procedures are codified at Title 64.2 of the Code of Virginia. The Circuit Court of the county or independent city where the decedent resided at the time of death oversees the probate of an estate in the Commonwealth of Virginia (64.2-443). Typically, the Clerk or Deputy Clerk of the Circuit Court handles formal administration...


Probate and Sale of Real Property in West Virginia

Probate is the legal process of settling a decedent's estate and distributing property to those entitled to receive it. This involves authenticating a testator's will upon his or her death and transferring property to the named beneficiaries, or, if the decedent dies without leaving a will, determining the decedent's legal heirs. Probate ensures that, by complying with state law, clear and marketable title passes to devisees or heirs at law. Assets titled solely in the decedent's name are sub...


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