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Real Property Law

Real property is a parcel of land that has been improved by human effort. Improvements may include but not limited to; buildings, ponds, roads, canals, wells, etc. Below are some common questions that are often asked about real property.

I need to know how to transfer real property from a deceased person? No will. No assets. Need to sell property.

In California, if the amount of the deceased person's estate (real and personal property) doesn't amount to $100,000, a successor can obtain personal property, money, debt, and other miscellaneous personal property if they have an affidavit or declaration. If there is a lien on the real property, the successor will have to file their affidavit in the same county where the lien has been recorded. You will also need a copy of the death certificate attached to the affidavit.

If the person who is representing the deceased agrees to the transfer of the personal property, you will need to have a copy of the representatives consent attached to the affidavit as well. This action only applies to personal property and cannot be administered until 40 days from the date of the death.

What is entailed in a title search on real property?

A title search occurs when the title company goes through the real estate records to find the location of the property in question. The search will reveal the owner of the property, show any unpaid taxes, liens, or mortgages that are against the property which will need resolved before the property can be released. The search will also provide information on leases, easements or restrictions that pertain to the property.

If I occupy some real property by Prescriptive Easement do I have to file with the county or court? What do I do with the written agreement? I am filing a Quiet Title Action against property, is there a form specifically for this if so where would I get it?

If you and the other party can agree on the easement, you wouldn't need to file a Petition to Quiet Title. If you both agree with the easement, you will need to file in writing at the county clerk's office in order for the agreement to be effective on the title.

If the other person doesn't agree to the easement, you will have to file a Petition to Quiet Title and go to court to show that you are entitled to use the easement. If you win in court, you need to file the judgment with the county clerk's office the same as if you were filing an easement agreement. There aren't any samples of the petition that can be found on line, however you may be able to get a sample by going to www.uslegalforms.com

If a person buys real property in Arizona, then in return for half the cost conveys title to herself and another person as joint tenants with right to survivorship, would this deed be valid under the four unities?

Arizona legislature did away with the four unities requirement for joint tenancy due to the time and money that was involved with acknowledging it. "An estate in joint tenancy with right of survivorship may also be created by grant or transfer from a sole owner to himself and others, or from two or more owners to themselves or to one or more of them and others." Ariz. Rev. Stat., Section 33-431(B).

To avoid the community property issue, spouses would have to write a letter of intent to be joint tenants with right of survivorship. This will allow the spouses to be on the property deed without attaching the property as community property.

How do I remove my name from the deed to a piece of real property?

In this situation, the steps are straight forward. You need to sign a Quit Claim Deed. This will transfer your interest to the person you release it to. The Quit Claim Deed will need to be notarized and the signing must be witnessed. Once this has been done, the transfer will be recorded in the real property records in the county where the property is located.

To learn more about real property, you can consult with an Expert in Real Estate Law.
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