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Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I bought a home in a planned community from the developer.

Customer Question

Hi. I bought a home in a planned community from the developer. The developer, "Grantor" has retained certain rights in the grant deed vis-a-vis the legal description. I want to transfer my home into a living trust. How do I cite the developer's rights in the legal description when I transfer the home into my living trust. Do I replace the word "Grantor" (Grantor retains the following rights...) with the name of the developer?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

You can use a simple grant deed or a quit claim deed to transfer your interest in the property to the trust.

You are the "Grantor" and the Trust is the "Grantee" in your deed.

There is no need to use any language regarding the developer, they have retained and protected their own interest in the chain of title already.

Customer: replied 1 year ago.
Easier said than done. The legal description of the property contains many references to the developer and the rights that they retain (reserving therefrom, for the benefit of the grantor, and it's assignees...). How do I include a legal description without using the same language and including some reference to the developer? Should I switch out the word "Granto" in these sentences with the name of the corporation?
Expert:  CalAttorney2 replied 1 year ago.

The legal description for the property never changes.

The legal description should not include any references to the developer's rights (the deed may include restrictions, but the legal description does not).

The easiest way to include a legal description in a new grant deed is to do so in an attachment, in the section for legal description, write "See Attachment A" (for example), and "Attachment A" has copied ver batim the legal description from the prior deed. (Again, the legal description for property does not change).

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