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mkc1959, Lawyer
Category: Real Estate Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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I want to do charity by spending money to build a temple

Customer Question

hi, I want to do charity by spending money to build a temple and allow Buddhism to reside in there; however, I want to make sure the director has no authority to sell it; I want to make sure no one has the authority to sign, convey, or transfer it what
should I do
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  mkc1959 replied 2 years ago.
I am an attorney licensed in Texas and familiar with real estate law.
You would want to use a Fee Simple Determinable Deed. That is fancy language that means the property would be transferred to the charity and would continue to belong to the charity, but would revert back to your ownership if the charity tried to sell it, convey it to anyone else, or, for example, used the property as security for a loan without your approval.
Those conditions would be written into the deed by the attorney you choose to use in the matter.
Preparation of the Fee Simple Determinable Deed is not a complicated matter but should be done by a knowledgeable attorney in your area.
Please let me know what additional questions you have. I want to fully respond so that I may be paid.
Customer: replied 2 years ago.
what happen if the condition violate, must the original owner take the deed to court and get the property back
what is the process of getting back the property if the condition is violated? is it costly?
Expert:  mkc1959 replied 2 years ago.
The conditions would be expressed in the Deed. If one of the conditions were to be violated, you would file an affidavit with the County Clerk setting forth the violation. This would trigger the reversion of the title to the property to you.
If the other party disputed any violation of the condition, then they could file a lawsuit. However, if the condition is clearly violated, they would have no success.
Obviously any attempt to sell it would be publicly known. Secondly with the condition expressed in the deed, a title insurance company would know of the condition which would make it very difficult for any sale to take place.
Please let me know if you have additional questions.