Constructive Notice (A Multi-State Perspective)
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Application of Standards for Title Examination to Conveyances by Strangers to Title
Wyoming Law Journal Volume 1 Number 3 Article 3 December 2019 Application of Standards for Title Examination to Conveyances by Strangers to Title Charles G. Kepler Follow this and additional works at: https://scholarship.law.uwyo.edu/wlj Recommended Citation Charles G. Kepler, Application of Standards for Title Examination to Conveyances by Strangers to Title, 1 WYO. L.J. (1947) Available at: https://scholarship.law.uwyo.edu/wlj/vol1/iss3/3 This Comment is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Wyoming Law Journal by an authorized editor of Law Archive of Wyoming Scholarship. NOTES Conflicting interests between appropriators of underground water could be largely eliminated by requiring the potential underground water users to obtain permits for an appropriation from the State Engineer before drilling a well. The permit would be granted after it was determined that there was sufficient water available for beneficial use of the applicant, and that the well was to be reason- ably deep. Such an addition to the law would solidify the property rights of the underground appropriators, as well as secure the rights of surface appropri- ators of water as against the underground users. Such an amendment would conform with the general purpose of protecting the water resources of the state, in that they might be developed to supply the greatest amount of beneficial use to the greatest number of irrigators. The data to be obtained from the drilling of wells would soon demonstrate the boundaries and capacities of underground basins, and use of the water will determine the recharge capacity. -
Right of Way Manual, Section 4.1, Land Title
Topic 575-000-000 Right of Way Manual Effective Date: April 15, 1999 Acquisition Revised: May 18, 2017 Section 7.15 LAND TITLE PURPOSE ............................................................................................................... 7.15.1 AUTHORITY ........................................................................................................... 7.15.1 SCOPE .................................................................................................................... 7.15.1 REFERENCES ........................................................................................................ 7.15.1 DEFINITIONS ......................................................................................................... 7.15.1 7.15.1 QUALITY AND QUANTITY OF TITLE .............................................. 7.15.3 7.15.2 TITLE EVIDENCE ............................................................................. 7.15.4 7.15.3 TITLE SEARCH REPORTS .............................................................. 7.15.4 7.15.4 TITLE INSURANCE .......................................................................... 7.15.7 7.15.5 OPINION OF TITLE .......................................................................... 7.15.8 7.15.6 TITLE EXAMINATION ...................................................................... 7.15.8 7.15.7 PARCEL NUMBERS......................................................................... 7.15.8 7.15.8 FEE TITLE ....................................................................................... -
The Doctrine of After-Acquired Title
SMU Law Review Volume 11 Issue 2 Article 8 1957 The Doctrine of After-Acquired Title Charles Robert Dickenson Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Charles Robert Dickenson, Comment, The Doctrine of After-Acquired Title, 11 SW L.J. 217 (1957) https://scholar.smu.edu/smulr/vol11/iss2/8 This Comment is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THE DOCTRINE OF AFTER-ACQUIRED TITLE INTRODUCTION This Comment will discuss briefly some of the problems which can arise when one person attempts by a valid instrument to convey more title than he actually has and subsequently acquires the title which he had purported to convey. Historically, in such a case the grantor is estopped to assert his after-acquired title against his grantee.' It has been said that this result is achieved through estoppel by deed rather than by estoppel in pais;' and that, therefore, there is no neces- sity for an adjudication of the rights of the parties in such a case;$ and that there is no necessity for showing a change in position of the party asserting the estoppel.4 Tiffany states that there is no necessity of regarding the after- acquired title as actually passing to the grantee.' However, there are numerous decisions and dicta in this country to the effect that the conveyance actually passes the grantor's after-acquired legal title to the grantee.! There have been,' and still are,' a number of statutory provisions to this effect in various states. -
The Scope of Title Examination in West Virginia: Can Reasonable Minds Differ
Volume 98 Issue 2 Article 4 January 1996 The Scope of Title Examination in West Virginia: Can Reasonable Minds Differ John W. Fisher II West Virginia University College of Law, [email protected] Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Property Law and Real Estate Commons Recommended Citation John W. Fisher II, The Scope of Title Examination in West Virginia: Can Reasonable Minds Differ, 98 W. Va. L. Rev. (1996). Available at: https://researchrepository.wvu.edu/wvlr/vol98/iss2/4 This Article is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. Fisher: The Scope of Title Examination in West Virginia: Can Reasonable M WEST VIRGINIA LAW REVIEW Volume 98 Winter 1996 Number 2 THE SCOPE OF TITLE EXAMINATION IN WEST VIRGINIA: CAN REASONABLE MINDS DIFFER? JOHN W. FISHER, II* I. INTRODUCTION ........................... 450 II. THE RECORDING ACTS ...................... 453 A. In the Beginning ....................... 453 B. Classifying the Early Recording Acts ............. 454 C. The West Virginia Statutes ................... 456 D. The West Virginia Recording Acts: The Aegis Afforded BFP'sfor Value ................. 459 E. The West Virginia Recording Acts: "Notice" is Not a Hindrance to "Creditors"................ 469 F. The West Virginia Recording Acts: While "Mort- gagees" are "Purchasers" Under the Statutes, Not All "Creditors" are "Creditors"............. 472 III. ESTABLISHING THE CHAIN OF TITLE ............. 474 IV. -
A Commentary on North Dakota Tax Titles
North Dakota Law Review Volume 29 Number 3 Article 2 1953 A Commentary on North Dakota Tax Titles Charles Liebert Crum Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation Crum, Charles Liebert (1953) "A Commentary on North Dakota Tax Titles," North Dakota Law Review: Vol. 29 : No. 3 , Article 2. Available at: https://commons.und.edu/ndlr/vol29/iss3/2 This Article is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. A COMMENTARY ON NORTH DAKOTA TAX TITLES A COMMENTARY ON NORTH DAKOTA TAX TITLES CHARLES LIEBERT CRUM* I. THE TAX TITLE AS A LEGAL INSTITUTION TfHE sale of land for the purpose of collecting delinquent taxes which bad been levied upon it was unknown to the common law, which gave the revenue authorities other procedures-the imprisonment of the taxpayer and the distraint of his chattels- for meeting the problem of the landowner who failed in his finan- cial obligations to the sovereign.1 Possibly the fact that the tax sale lacks a common law background and came before the courts as a statutory innovation was one of the causes for the cool judicial re- ception it received. But other and more cogent reasons have since been put forward as furnishing explanations of the suspicion with which tax titles are presently treated in most jurisdictions. -
THE AFTER-ACQUIRED PROPERTY CLAUSE Davm COHEN T and ALBERT B
April, 1939 University of Pennsylvania Law Review And American Law Register FOUNDED 1852 Copyright 1939, by the University of Pennsylvania VOLUME 87 APRIL, 1939 No. 6 THE AFTER-ACQUIRED PROPERTY CLAUSE DAVm COHEN t AND ALBERT B. GERBER $ At common law property to be created or acquired in the future could not be transferred or encumbered prior to the creation or ac- quisition of the property.1 Illustrative of the constant striving to make future assets available for present purposes was the attempt of com- mon-law lawyers to add to the conveyances of the day the words: "Quae quovismodo in futurum habere potero." 2 But, as Littleton says, these words were "void in law". The reasoning upon which the rule was based was simple--"A man cannot grant or charge that which he hath not." 3 This infallible bit of syllogistic logic received its first breakdown in the famous case of Grantham v. Hawley,4 the parent of the fictitious doctrine of "potential existence". Briefly stated, this prin- ciple permits the sale 5 or encumbrance of future personal property 6 t B. S. in Ed., x934, LL. B., 1937, Gowen Memorial Fellow, 1937-8, University of Pennsylvania; member of the Philadelphia bar; assistant counsel, Rural Electrification Administration. t B. S. in Ed., 1934, LL. B., 1937, Gowen Memorial Fellow, 1937-8, University of Pennsylvania; member of the Philadelphia bar; assistant counsel, Rural Electrification Administration. I. See 3 TIFFANY, REAL PROPERTY (2d ed. i92o) 2368. 2. The quotation in full reads: "Also, these words, which are commonly put in such releases, scil. -
Title Examinations and Title Issues
CHAPTER 7 Title Examinations and Title Issues R. Prescott Jaunich, Esq. Downs Rachlin Martin PLLC, Burlington Timothy S. Sampson, Esq. Downs Rachlin Martin PLLC, Burlington § 7.1 Introduction ................................................................................. 7–1 § 7.2 Marketable Title .......................................................................... 7–4 § 7.2.1 Vermont Title Standards ............................................... 7–4 § 7.2.2 Common Law Marketable Title—Permits as Encumbrances ............................................................... 7–6 § 7.2.3 Vermont Marketable Record Title Act ........................ 7–10 (a) Person ................................................................ 7–11 (b) Unbroken Chain of Title .................................... 7–11 (c) Conveyance ....................................................... 7–12 (d) Preserved Claims Under the Act ........................ 7–13 § 7.3 Conveyancing Requirements .................................................... 7–15 § 7.3.1 Vermont Deed Customs .............................................. 7–15 § 7.3.2 Deeds by Trustees and Deeds to Trust ........................ 7–17 § 7.3.3 Deeds by Executors, Administrators and Guardians .. 7–17 § 7.3.4 Deeds by Divorce Judgment ....................................... 7–18 § 7.3.5 Probate Decree ............................................................ 7–18 § 7.4 Identifying the Real Estate and Property Descriptions .......... 7–18 § 7.4.1 Reference to Prior Deeds and Instruments -
Off-Record Risks for Bona Fide Purchasers of Interests in Real Property
Volume 72 Issue 1 Dickinson Law Review - Volume 72, 1967-1968 10-1-1967 Off-Record Risks for Bona Fide Purchasers of Interests in Real Property Ralph T. Straw Jr. Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Ralph T. Straw Jr., Off-Record Risks for Bona Fide Purchasers of Interests in Real Property, 72 DICK. L. REV. 35 (1967). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol72/iss1/3 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. OFF-RECORD RISKS FOR BONA FIDE PURCHASERS OF INTERESTS IN REAL PROPERTY By RALPH L. STRAW, JR.* Introduction I. Forgeriesand Frauds A. Forged Instruments B. FraudulentReleases C. Defrauding of a Grantor II. Incapacity of a Grantor A. Mental Incapacity of a Grantor B. Infant Grantor C. Legal Incapacity II. Lack of an Essential Formality in the Execution of an Instrument A. Lack of Delivery B. Lack of Acknowledgment IV. Mechanics' Liens V. UnrecordedFamily Rights A. Dower B. Rights of Pretermittedor After-Born Children C. Community Property Rights VI. PriorAdverse Possessionand Undisclosed Easements A. PriorAdverse Possession B. Undisclosed PrescriptiveEasements C. Undisclosed Implied Easements VII. Failure to Inquire with respect to Possession Not on its Face Inconsistent with Purchaser'sRights VIII. Tolled Limitations Periods IX. Prior Holder in Chain of Title Senior in Record but Junior in Time of Actual Notice X. -
Information Contained in Reai Property Transfer Records
aHD205 ,.M34 1984 United States Dep^âftment of Agriculture information Economic Researcti Service Contained in Natural Resource Economics Division Reai Property Transfer Records T. Alexander Majchrowicz '••3^:.:. '.i^r-. ^ep %/ 1% ^'-OQ,% ^^ô,.> INFORMATION CONTAINED IN REAL PROPERTY TRANSFER RECORDS, By T. Alexander Majchrowicz, Natural Resource Economics Division, Economic Research Service, U.S. Department of Agriculture. Washington, D.C. August 1984. ERS Staff Report No. AŒS840711. ABSTRACT Based on data from the Bureau of the Census' 1982 Survey of Real Property Transfer Records, there were an estimated 10.6 million deeds recorded in 1979, Real property transfer records are a potential source of data on land owner- ship, value, and size. These data are important to professional groups con- cerned with the development, distribution, and use of land resources. The present limitations of transfer data for studies of land values and ownership could be reduced by standardizing forms and improving coordination among data users. Keywords: Real property transfer records, landownership, land value. Census of Governments. * * * This paper was reproduced for limited distribution to the research * * community outside the U.S. Department of Agriculture. * * * iii CONTENTS Page INTRODUCTION 1 Transfer Records and Their Uses . • « • • 1 Data Source •••..••• •.••••••• 2 SURVEY RESULTS 2 Volume of Transfer Instruments •.•••••...•••••.. 4 Information Recorded on Real Property Transfer Records . 7 Data Storage and Indexing ..... .........••• 10 Availability -
Estoppel by Deed--Conveyance of Interest Subsequently Acquired As Heir--Warranty in Quitclaim Deed As Basis for Estoppel
Volume 44 Issue 1 Article 12 December 1937 Estoppel by Deed--Conveyance of Interest Subsequently Acquired as Heir--Warranty in Quitclaim Deed as Basis for Estoppel J. H. H. West Virginia University College of Law Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Estates and Trusts Commons, and the Property Law and Real Estate Commons Recommended Citation J. H. H., Estoppel by Deed--Conveyance of Interest Subsequently Acquired as Heir--Warranty in Quitclaim Deed as Basis for Estoppel, 44 W. Va. L. Rev. (1937). Available at: https://researchrepository.wvu.edu/wvlr/vol44/iss1/12 This Recent Case Comment is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. H.: Estoppel by Deed--Conveyance of Interest Subsequently Acquired as WEST VIRGINIA LAW QUARTERLY element would be particularly important in view of the well estab- 1 lished rule that rents belong to the owner of property on rent day." Therefore it is submitted that our court reached a result not only in accord with the weight of authority, but, what is more important, also in accord with the policy of maintaining practical and well settled rules concerning wills and their construction. J. G. McC. ESTOPPEL BY DEED - CONVEYANCE OF INTEREST SUBSEQUENTLY ACQUIRED AS HER - WARRANTY IN QUITCLAim DEED As BAsIS FOR ESTOPPEL. -- T devised to W, his wife, a life estate in his property, with power of consumption of the corpus for her support, re- mainder to his children in fee, share and share alike. -
The Growing Uncertainty of Real Estate Titles
North Dakota Law Review Volume 65 Number 1 Article 1 1989 The Growing Uncertainty of Real Estate Titles Owen L. Anderson Charles T. Edin Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation Anderson, Owen L. and Edin, Charles T. (1989) "The Growing Uncertainty of Real Estate Titles," North Dakota Law Review: Vol. 65 : No. 1 , Article 1. Available at: https://commons.und.edu/ndlr/vol65/iss1/1 This Article is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. THE GROWING UNCERTAINTY OF REAL ESTATE TITLES* OWEN L. ANDERSON** AND CHARLES T. EDIN*** INTRODUCTION ............................................ 2 I. MALLOY V BOETTCHER ............................. 3 A. THE FOUR OPINIONS ............................... 6 B. THE VARIOUS RULES COMPARED ................... 15 1. The North Dakota Statutory (Field Code) Rule. 15 2. The Common-law Rationale .................... 18 3. The Rationalefor Rejecting the Common-law R u le ............................................. 19 4. What Should the North Dakota Rule Be? ...... 24 C. THE "EXCEPTION" "RESERVATION" PROBLEM ..... 26 D. DOROTHY'S LIFE ESTATE IN THE ENTIRE RESERVED INTEREST ............................... 34 II. WEHNER V SCHROEDER ............................. 44 A. SUMMARY OF WEHNER I AND WEHNER 11 .......... 48 B. WEHNER I - ANALYSIS ............................. 51 1. Statutes of Limitation ........................... 51 2. Protection of Bona Fide Purchaser.............. 54 a. "Merger of Title" ............................ 55 b. "Merger of Title" and "Estoppel by Deed". 56 C. WEHNER H - ANALYSIS ............................ 62 1. -
DEALING with UNWRITTEN TITLE TRANSFERS Troy R
DEALING WITH UNWRITTEN TITLE TRANSFERS Troy R. Covington, Bloom Parham, LLP Dealing with potential unwritten title transfers requires that property owners and their counsel have a firm grasp on the facts regarding an owner’s use of the property and regarding the actions of adjoining landowners and others who potentially could make a claim of ownership on the property. Whether a court will reach a determination that ownership of property has been transferred or not depends on the precise nature of the usage of the property by the owner and those with potentially competing interests. As such, it is incumbent upon property owners and lawyers to know as exactly as possible what is happening with property and when. If a property owner does not have the details of his ownership at his fingertips, he is more likely to fall victim to the claims of one who might have an interest in filling in those gaps in a manner adverse to the owner’s interest. This paper provides a broad overview of the Georgia statutes and case law dealing with encroachments, acquiescence, estoppel, and adverse possession. The paper seeks to set forth the basic parameters of these legal doctrines to assist practitioners in recognizing property ownership issues and to make them aware both of potential remedies for these issues and of potential problems that may arise in the absence of any action. I. Encroachments A. Actions for Ejectment and Trespass “Georgia law allows an owner of real property to bring an ejectment action to remove an adjoining owner who, either by inadvertence or with predatory intent, encroaches upon the property of his neighbor.” MVP Inv.