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Land Title Questions

What is a Land Title?

A land title is a set of rights over a real estate property that an individual may have legal or equitable interest in. There are a lot of aspects and nuances about land titles that individuals need to know. Given below are popular questions about land titles that are asked by most people.

How to get an Allodial Land Title?

The laws to get an allodial land title may differ from state to state in the US. In some states like Nevada and Texas, there may be limited allodial land title provisions that protect property owners from high property taxes. In order to get an allodial land title, an individual may get a deed in his/her name and have all the liens, including the tax liens taken care of. In most cases, this would mean that all the liens are paid off. An individual may get an allodial land title once all the liens are cleared.

How can an individual sell a Land if he/she Owns a Land Title on the Land with Someone Else?

If an individual’s name is on the land title with someone else, he/she may ask for a partition action to enable the sale of the land. A partition action can be asked when a land is owned by two or more people who disagree about its management or sale. The individual who wants to sell the land may file a court action requesting a court order for a forced sale or division of the property.

How to Reverse a Land Title if the Judgment was given on the Land before the Sheriff’s Auction?

In most cases, in order to reverse a land title, an individual may file a declaratory relief action and get the court to determine the priority of the liens. If the court rules in his/her favor, he/she may get the land title reversed.

How can an Individual Transfer a Land Title to his/her Name?

If a land title needs to be transferred to an individual’s name, then the heir of the property may go to a Probate Court and file for an estate. Once that is done, all the property may get transferred to the heir. The heir can then transfer the land title to whoever he/she wants. If the heir cannot go to the Probate Court, then the individual to whom the title is being transferred to may become the administrator of the property and go to a probate court. The individual will require the consent of the heir to do so.

How can a Land Title be Transferred once a Land is Sold?

If an individual wants to transfer a land title to the new owner of the land, he/she may do so by delivering a warranty deed to the new owner in most cases. The individual may also obtain a document to release the lien from the lien holder stating that the debt has been satisfied and that the lien is released. The deed and the lien release may be recorded with the county recorder at the deed’s office by the new owner.

Not knowing about land titles and how to transfer land titles can leave individuals frustrated and confused about property that they may be interested in. Having information about land titles can help individuals take appropriate decisions if they have a land title on their real estate property.
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