Transfer Property to a Trust by Shahram Miri In order for a trust to be valid in California, the trust must own property. The legal term for trust property is "res" if you want to impress your dinner party guests with Latin.Grant Deed by Shahram Miri Whenever a home is transferred whether by inheritance, probate sale, trustee sale, short sale, eminent domain, etc. a deed is involved. A deed is defined as a "written instrument by which land is conveyed."Documentary Transfer Tax by Shahram Miri In a California home purchase, there is the inclusion of a fee in the transaction known as the documentary transfer tax. The deed, the document which denotes the identity of the seller and buyer, must show the amount of the documentary transfer tax due. How to Find a Cheap Conveyancing Solicitor by Tom Stanford Cheap Conveyancing Solicitors can be found all over the internet, however, before going ahead with the cheapest quote you find, read this quick guide to getting the most for your money. Competition in the conveyancing industry has lead some companies to resort to tactics such as advertising with extremely cheap legal fees, which exclude integral costs. As such those who are understandably lured in by the promise of low fees can be hit with unexpected expenses.Real Estate Attorney - Find The Best Help in Finalizing A Property Purchase Or Lease by Abraham Avotina If you think you may be in need of the help of a real estate attorney, then read on for advice on how to find one. These legal practitioners' help is important when you are performing any kind of legal estate process.The Joint Tenancy Deed Avoids Probate and Can Save You Time and Money by Mitchell Sussman The joint tenancy deed is one of the best tools to transfer real estate between spouses, partners and heirs. Its principal characteristic and its advantage over holding title as a tenant in common, is that a joint tenancy deed transfers title immediately upon the death. This is known as the right of survivorship.The Short Sale Lawyer: Why You Need One by Alfred Ardis With a lot of people still reeling from the recession, it's not a surprise that a good short sale lawyer has as much work as he wants to handle. Read more to find out why you need one.Need Help With Property Law? by Vanessa Hamm Gone are the days when a city was small enough that you'd know everyone and deals were done over a beer and a handshake. While many New Zealanders are still very trusting and we do like to keep things as casual and relaxed as we can, if you own or want to own a home or a building in the eastern upper half of the North Island, then it's a great idea to find an expert in property law in Tauranga.Forms of Ownership of Real Property by Catherine Hammond In order to understand how your real property will pass to your heirs, you need to know how it is held. Each type of ownership determines whether the property will pass outright to your heir or if it must go through probate. To determine which type of ownership your property has, you must look at your deed. At the top of your deed, after your name, it will state the type of ownership.Stopping a Foreclosure in Massachusetts by Filing a Complaint or Motion for Preliminary Injunction by Marc Rapaport The recent disclosure of inappropriate tactics on the part of banks in obtaining loans and pursuing foreclosures is good news for Massachusetts homeowners who are trying to stop a foreclosure sale. The widespread publicity gives powerful ammunition and legal arguments for homeowners who file complaints and preliminary injunction motions to stop foreclosure sales in Massachusetts courts.Electronic Signature Law in Real Estate: A Brief History by Walter H Chen Electronic signatures are well-established as valid. The rise of electronic signatures mirrors the rise of the internet as B2B and B2C commercial transactions would be impossible without the legal foundation of the validity of electronic transactions. (Although, the, say, online mortgage space wasn't doing that great for awhile.) Nevertheless, the electronic signature is just a chapter in the long history of the writing and the signature.What Was the Effect of Native Title Legislation? by David A Coleman The recognition of native title common-law raise the possibility that grants made by states and territories since 1975 over land were native title subsisted were inconsistent with the Racial Discrimination Act 1975 (Cth). The recognition also raised the possibility that grants made by the Commonwealth over land were?the title subsisted were invalid, if they constituted an acquisition in contravention of the constitutional requirement to give just terms compensation. The Commonwealth had the power to deal with such matters under its power to make laws with respect to any race for whom it is deemed necessary to make special laws.What Was the Process of Extinguishment of Native Title? by David A Coleman In one of the most controversial periods in Australian politics in the late 1990s, the government sought to extinguish large elements of the native title which was effectively granted by the common law decisions of the High Court in relation to this issue in the early 1990s. As originally enacted, the native title act did not deal with extinguishment other than to send out the consequences of validating potentially invalid legislation agreements. The operation of these provisions was confined to legislation and grants occurring after the enactment of the racial discrimination legislation.How Did Native Title Enter Into the Common Law? by David A Coleman The recognition of native title in Australia in Mabo (No 2) occurred after other common-law countries such as United States, New Zealand, and Canada had acknowledged indigenous land rights under the common law, by treaty and in the case of Canada by the Constitution. The different ways in which the law relating to indigenous land rights has developed in other common-law countries means that we do not too readily assume that the decisions from those countries are relevant to the developing Australian law of native title. As recently as 1971, in the Gove Land Rights Case, a judge in the...Real Estate Lawyer: Consider Reasons to Contact This Type of Attorney by Abraham Avotina Whether you are buying or selling a home, a real estate lawyer is usually good to have on your side. Think about the possible ways that the transaction can go wrong without the help of a legal advisor before you decide whether to use one.Benefits of Forming a Trust to Hold Title To Your Assets by Frank G Sabo Assets Held As Joint Tenants With Your Spouse Problem: At the first spouse's death the surviving spouse will receive ONLY a 50% step-up in basis AND joint tenancy fails to take advantage of the decedent's spouse's applicable exclusion amount. Solution: Form a trust and hold the asset as community property titled in both spouses' names as co-trustee of the trust. Benefits of the Solution: Full step up in basis at the first death, which means lower income tax liability.Landlord Law - Unwanted Tenants by Rebecca McLellan If you are a landlord, occasionally you may be faced with a tenant that breaches their contract. If this cannot be resolved your only option may to be to try and get rid of the tenant. The way in which you can do this is by filling out a Section 8 form.Tenants Rights and Landlord Responsibilities by Rebecca McLellan If you rent your home as a tenant then you have certain rights and responsibilities that you will need to adhere to. Your landlord will also have certain responsibilities. As a tenant, you have the right to privacy.Property Law - Neighbourhood Disputes by Rebecca McLellan Disputes between neighbours are very common and fall under the category of civil justice. The most common neighbour disputes include access to property, boundary lines, noise, parking, overhanging trees and unkempt gardens. If you are having noise issues with your neighbour the first step that you should take is to approach them and ask them if they will reduce the noise.Property Law - Freehold and Leasehold Property by Rebecca McLellan A key question when looking to buy a property is, is it a freehold or leasehold. It is very important that you are aware of the differences between the two as each will have different rights and restrictions which may affect what you can do to the property. If the property that you wish to purchase has a freehold it means that you own the exclusive rights to the property and the land in which it is situated.Conveyancing and Property Law - First Time Buyers by Rebecca McLellan In the current economic climate it is harder than ever for first time buyers to get their first foot on the property ladder. For many people, buying a home will be the biggest investment that they ever make and it can be a very complicated process with many issues that can arise and make everything a lot more difficult. It can be understandable why so many first time buyers put off purchasing a property.The Foreclosure Process In Arizona by Kevin R. Harper Foreclosure is a general term that describes the legal process that a mortgage company, aka "lender," uses to obtain ownership of a piece of real estate where it holds a security interest in that real estate. In Arizona, the legislature has enacted statutes that make this a non-judicial process, meaning the lender does not need to file anything with the court's to complete the foreclosure. This streamlines the process when compared to other states like Florida where each foreclosure requires a separate lawsuit and involves the procedural complexities that invariably accompany lawsuits.What Is Indefeasibility of Title? by David A Coleman The conclusive nature of the register confers on the registered proprietor of an interesting Torrens title an 'indefeasible' title to that interest. By this term, what is meant is that a title cannot be set aside on the ground of the defect existing in the title before the interest is registered. This principle is the foundation of a Torrens title system.What Is an Easement? by David A Coleman An easement is often defined as a right enjoyed by the owner of one parcel of land to carry out some limited activity other activity on another person's parcel of land. more fully, and easement may be defined as a right annexed to land to utilise our the land of different ownership in a particular manner not involving the taking of any part of the produce of land or any part of its oil or to prevent the owner of the other land from utilising and in particular manner. Easements fall into two basic groups.In Real Estate Law, What Is a Covenant? by David A Coleman Properly defined, a covenant is a promise made in a deed. In practice, though, and contemporary legal discourse the word is used rather more loosely to mean simply an obligation affecting landowner, regardless of the obligation is created by deed. The covenant may be positive, or it may be negative.Secure Every Timeshare Transaction With Timeshare Attorney by Ems Aleks If we are talking about timeshare attorney then more or less this group or team comprises of lawyers which are ought to give you counselling on matters regarding your timeshare transactions. On today's generation, even your closest partner cannot be trusted that much on matters of business.What Are the Elements of Torrens Title? by David A Coleman The first element of the system of Torrens title is the register. Section 31 (B) of the Real Property Act 1900 (NSW) requires the registrar general to maintain a register for the purposes of the act. The register comprises, amongst other things, folios, dealings, prescribed instruments, and records which the regulations required to be kept as part of the register.What Is the History of the Torrens Title Registration System? by David A Coleman The English law real property and conveyancing, which became part of the law of the English colonies as well, was not entirely suited to the conditions of new settlement. Indeed, it's unsuitability was immediate apparent to anyone who cared to reflect on the matter. The social and geographical conditions of the two countries were vastly different.3 Guidelines for Choosing a Defense Attorney by Frank Klosik If you are being charged with a criminal offense, it doesn't matter if it is a minor misdemeanor or a major crime, you'll need the services of a qualified Atlanta defense attorney in order to avoid serious penalties. Like most people, you probably have never even thought about hiring an attorney until now, so you're not too familiar with the process of selecting the best lawyer to represent you and your case.What Are the Rights of Borrower and Lender in Relation to a Mortgage Transaction? by David A Coleman In Australia, Real property legislation and the mortgage documents set out the rights and duties of the borrower and lender in both the legal mortgage and the equitable mortgage. The rights of the lender, under Torrens title legislation and the general law are extensive. The lender has many rights and powers even if the broad is not in default, which included the power to insure, the right to bring legal action against third parties and the power to assign the transfer of the borrower's own interest in the mortgage.[ Previous 30 | Display By Oldest | Display By Newest | Next 30 ]
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