property rights Archives

April 26, 2024April 26, 2024

Michigan Deed Holders: Your Property Rights Could Change

Living in Michigan? It’s time to check your deed restrictions. Michigan deed holders should know that changes made to the state’s Marketable Record Title Act (MRTA) took effect March 29, 2024. And there’s a new deadline to record a notice under the MRTA.

KEY POINT TO KNOW: Michigan deed holders now have until September 29, 2025 to keep certain conditions on their deeds that originated 40+ years back. Otherwise, the law will effectively delete certain longstanding “rights and interests” including deed covenants, restrictions, and easements — by letting them sunset.

Now, let’s go into some details about deeds, restrictions on deeds, and how Michigan’s changes could apply to you and/or your homeowner’s association.

November 12, 2023April 25, 2024

Blockchain for Good: Can Smart Contracts Play a Community-Building Role?

Holding the deed to real estate is long associated with stability and financial security. What if some of that security could be shared by — and build up— communities?

This article is a thought experiment. Let’s imagine how things could play out if local residents could invest small amounts in a building. How would this unfold? Could blockchain make community-based real estate investments happen?

April 7, 2023April 25, 2024

Warning: When Not to Sign Over Your Deed

Transferring the deed to your home is a simple matter. Generally, you just have to find the current deed to your home, then get the right deed form to write up your new deed to convey to another party, and take the document to a notary. Then your signature can be notarized and the deed can be filed.

But it’s best not to rush in. Some homeowners later regret signing over their deeds.

Let’s look at reasons not to transfer deeds too quickly — and how best to proceed when you do.

September 5, 2022April 25, 2024

Can a Quitclaim Deed Be Undone?

A quitclaim deed transfers real estate to a new owner. A properly completed and recorded quitclaim cannot be undone. Here’s why — and what to do next if there’s a problem with the transfer.

March 12, 2019April 25, 2024

Removing Someone from a Real Estate Deed

Removing someone from a deed—is it possible? The short answer: No.

Misconceptions and Realities

It is a misconception that someone can be “removed” from the deed.

Nor can a co-owner simply take away another party’s interest in a property by executing a new deed without that other party.

In short, no one can be passively removed from a title.

Even if an owner “added” someone else to the real estate deed previously, the first owner cannot reconsider and take the second person off the deed.

Why?

March 11, 2019April 25, 2024

The Quitclaim Deed and Fraudulent Real Estate Transactions

Quitclaim deeds show up commonly in fraudulent real estate transactions. This type of deed fraud can impact elderly people, buyers purchasing real estate from strangers without warranty, renters who are paying someone who is not a legitimate owner, and anyone involved who might buy, sell, or own property.

Here, we examine how it happens and how to detect it.

May 13, 2014April 25, 2024

Quitclaim Deeds after Divorce or Dissolution: Navigating the Property Transfer

Quitclaim deeds serve as a versatile tool in real estate transactions, transferring a current owner’s interest, if any, to a new owner. Such transfers might or might not involve consideration—often monetary value. These deeds are particularly useful for clarifying ambiguous titles, resolving boundary disputes, or gifting property, yet they do not guarantee the title’s validity to the recipient.

In the context of a divorce or dissolution, quitclaim deeds take on a specialized role. Property division in these instances is typically overseen by a judge, who may order one party to relinquish their rights in jointly-owned real estate to their former partner. When quitclaim deeds are used in divorce proceedings, they often necessitate extra details. Many jurisdictions, for example, require an explicit reference to the divorce within the document, including the docket or civil action number, along with the recording specifics of the related legal judgment.