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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.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Real Property Questions

  • If a home is titled in the name of a revocable trust, is it

    If a home is titled in the name of a revocable trust, is it in or out of the estate of the grantor? So, for example, if the grantor became subject to a judgment 25 years after the home was put into the trust, would the trust be vulnerable to the judgment creditor such that the home could be executed on?
  • patio cover was installed 30 years ago by a contractor in my

    patio cover was installed 30 years ago by a contractor in my rental property without permit. all theses I was out of state. now I am selling the house ifound that there is no permit. meanwhile 10 yeargo property was transferred my county to a new city.
    I signed the sale comract. I declared in the property disclosure the fact I did not have it. what happens to sale??
  • A now x husband and I acquired property as teneants by entireties.

    A now x husband and I acquired property as teneants by entireties. We sold the property Contract for Deed in 2010. We went our separate ways in '11, he presented me w/a handwritten note in 2012 to take an early buy-out under the Contract w/the buyer for his said half of the property, w/the remaining balance to stay in Contract w/me. He wrote 2/11/2012 he had no more claims to the property or money owed me, it would not interrupt the pmts owed me of a balance he and the buyer determined from an amortization schedule. Only he, the x signed the handwritten piece of ppr and had it notarized. I was not aware of this transaction until it was personally handed to me by him. We had lived in a Common Law Marriage State yrs prior to the property purchase. One atty told me he could do what he did, so I simply took the pmts. I could not cash one of the pmts for 12 days in Aug., at which time I also discovered the taxes had not been pd since '11, one piece of the property had been sold in a tax lien. I straightened everything out monetarily, then consulted an atty. The x didn't ever take his name off the property, so I didn't ever receive notice of taxes due. This atty advised me to cash no more chks from the buyer, including the still not pd in full tax chks he sent me when I informed the buyer of delinquency. The atty I hired stated, "Let's get you divorced first, then we'll take care of the property." I gave the atty money upfront for both, he only proceeded in a divorce decree on a default, the property is now in my name, but he filed a formal Motion to Withdraw, however he did not return any funds and even tho' he filed his Motion to Withdraw the same day (it's dated) he recorded the divorce decree telling me we would wait until after the New Year to deal w/the property. I asked him outside the courthouse, "Should I cash the chks or continue to keep them?" He said, "Don't cash them..." Referencing if I were to do so, it would appear I am consenting to the Contract for Deed. So my questions: What I've read, the x couldn't sell his half (as he determined) because of teneants of entireties w/o my consent and signature, was what he and the buyer did illegal. And, the atty knowing he was withdrawing, the property now mine, yet still told me 'not' to cash the chks a rnd about way of telling me the Contract for Deed is void? His reason behind withdraw "...an obscure and little used court rule that allows someone to reactivate a case merely by mailing a petition to a Party's atty of record, and thereby eliminating the need to serve process... clever little trick to exploit a technicality... just some housekeeping to protect both of us." I didn't know I need protection.
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