Tag: real estate law
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Skipped Probate? “Muniment of Title” Might Restore the Deed
Sometimes, when people’s rights to a deed collide, muniment of title can restore the deed to one of them. And sometimes, this process is used on purpose, to streamline probate. Let’s take a look at this strange phrase that can be well worth knowing about.
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Trees Don’t Respect Property Lines. Who’s Liable for Accidents or Hazards?
Trees are beautiful. They cool our Earth, buffer noise, and drink up stormwater. They offer habitat to birds, and so much more. Trees can make beautiful, natural borders between properties. But, from time to time, they do play a role in tensions between deed holders. Today we explore a few common conflicts related to trees…
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Senior Deed Transfers: Is Capacity In Question?
When an older adult transfers property, sometimes questions come up about whether the deed holder had legal capacity to transfer it. Did the person grasp the meaning of the transfer? Was the transfer voluntary? A court could undo a problematic deed transfer in a quiet title action. But deeds are presumed valid. If they’re properly…
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The Neighbors’ Agreement: Consenting to New Property Lines
Can neighbors agree to a more useful border line between their properties, despite what’s on their deeds? As a matter of fact, your state law could say the property lines you and your neighbor treat as real can actually become the legal boundary between the properties. This can help two parties when they consent or…
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From Deed to Deeds: Selling Property to New Owners With a Condominium Conversion
Like ‘em or not, condos are hot. They’re usually available at lower prices than single-unit homes. They’re popular in cities and suburbs alike. And they offer new deed holders a path to build equity and save money. Investors must meet hopeful buyers where they are, and one strategy is to take a property that’s not…
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Am I the Nuisance, or Is My Neighbor? What the Law Says
The law of nuisance came from Merry Olde England, and it crops up in property cases to this day. Sometimes, a nuisance is both private and public. Consider a body shop that emits fumes or dumps oil — impacting specific residences, and creating a public hazard at the same time. Or perhaps it feels more…
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Selling Without a Real Estate Agent? New Incentives, New Challenges
You might have heard that selling your home yourself could save you thousands of dollars in agent commissions. It’s a fact. Putting your home up For Sale By Owner (FSBO) is one way to get around agent commissions — which do still exist! Yet there are hurdles as well as potential rewards for the FSBO…
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Bad Deeds Shouldn’t Go Unpunished: Fraud Updates From All Over
A quitclaim deed is a useful tool, when created by the right hands and transferred for the right reasons. But in the hands of forgers and swindlers, these instruments harm people. Especially seniors, the families of deceased homeowners, and people who don’t live in their homes. But actually, anyone could be caught up in a…
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When Do You Need a Warranty Deed?
Sometimes it’s best to use a warranty deed to transfer property. It’s common whenever there’s a seller and buyer who didn’t know each other before their deal. In fact, a mortgage lender or insurance company could insist on a transfer by warranty deed. But why? A warranty deed transfers a title with certain protections. This…
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Home-Flipping Update: California Passes Major Disclosure Law
California just changed the home-flipping game. Fixer-upper home buyers who turn around and sell the homes must follow the new Flipper Disclosure Law, formally known as Assembly Bill 968. What’s California so concerned about? Home flippers are, of course, profit-driven. Sometimes, a flip is done quickly, with cosmetic touchups that gloss over the deeper work…
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How Do Homestead Laws Save Deed Holders Money?
You’ve just bought a home. At closing, a title representative tells you to request your homestead exemption. Or maybe you bought your home and a homestead exemption form arrived (surprise!) in your mailbox. You know you should file the document in your home’s county, but you might be baffled as to why. A state’s law…
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Can My Name Be Added to a Deed Without My Consent?
As a general matter, no. A deed transfer is not valid unless it’s delivered and accepted. A deed holder who is leaving a home to a beneficiary needs to talk with that beneficiary, and other loved ones. They should know what to expect for the deeds’ future. They should understand the reason the home is…
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What If the Deed Is Not Recorded? (Never Let This Happen.)
By accepting a deed, you become a new property owner. Be sure to file the deed you accept with the county recorder’s office. The recording becomes your public notice that you now own the property described on the deed. You might have heard that a deed works to transfer property as soon as it’s offered…
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Update: State Lawmakers Have “Fast Cash for Houses” Wholesalers on Their Radar
Tempted to sell your home quickly and easily to one of those “We buy any house” outfits? Wait. Don’t even think about giving up that deed until you read this.
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Can I Take Another Person Off My Deed Without Telling Them?
The question of the day is: I need to take someone off my house deed. Can I do it without calling anyone’s attention to this? Spoiler alert: No. Nor can one owner create a new deed that doesn’t include the other co-owner in order to extinguish that other person’s ownership. No one gives up their…
