DOCSLIB.ORG

Conveyancing and Recording

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Conveyancing and Recording Chapter 93 1968 REPLACEMENT BART Conveyancing and Recording GENERAL REQUIREMENTS FOR DISPOSITION 93415 Acknowledgment by married woman OF REALTY 93420 Execution of deed where personal represen 93010 Conveyances how made tative is unable or refuses to act 93020 Creating transferring or declaring estates 93430 Officer taking acknowledgment must know or interests in realty grantor 93030 Contracts to convey or instruments of con 93440 Proof of execution by subscribing witness veyance to state consideration 93450 Proof where witnesses are dead or absent 93460 Subpena to compel witness to testify to exe SPECIAL MATTERS IN PARTICULAR cution of deed CONVEYANCES 93470 Indorsement of certificate of proof 93110 Quitclaim deed sufficient to pass estate 93480 Deed acknowledged or proved as evidence 93120 Words of inheritance unnecessary to convey recordability fee conveyances deemed to convey all 93490 Form of acknowledgments grantors estate 93500 Execution and acknowledgment of deed in 93130 Conveyance of land in adverse possession of other states another 93510 Necessity for certificate acknowledging of 93140 No implied covenants ficers authority in another state 93150 Conveyance by tenant of greater estate than 93520 Execution and acknowledgment of deeds in that possessed foreign countries 93160 Conveyance by reversioners and remainder 93530 Execution acknowledgment and recordation men to life tenant vests fee of assignments of sheriffs certificates of 93170 Conveyance by spouse of insane person sale 93180 Tenancy in common when created joint tenancy abolished RECORDATION AND ITS EFFECTS 93190 Trustees or executors as joint tenants fill ing vacancies In office 93610 Separate books for recording deeds and 93200 Trustees or executors now hold as joint mortgages tenants 93620 Time and place of receipt for retard cer tification 93210 Presumption respecting deed from trustee 93630 Index of records of deeds and mortgages of undisclosed beneficiary 93640 Unrecorded conveyance or assignment of 93220 Release limitation or restriction of power sheriffs certificate of sale void as to of appointment subsequent purchaser 93230 Copy of State Lands Division deed or patent 93650 Effect of record or certified transcript in given when original lost evidence 93240 Rights of sellers to deferred or unpaid bal 93660 Effect of abstract of title as evidence ance of purchase price where two or more 93670 Power of attorney and executory contract persons join as sellers in contract of sale for sale or purchase of lands recordabil of real property ity effect as evidence revocation UNIFORM VENDOR AND PURCHASER 93680 Patents decrees in equity and official RISK ACT grants recordability evidence 93690 Recording of instruments evidencing pas 93290 Risk of loss after contract to sell realty has sage of title to land from United States been executed to State of Oregon 93295 Construction of ORS 93290 to 93300 93710 Instruments creating certain interests in 93300 Short title realty effect of recording 93720 Certificates of foreclosure entry of record DESCRIPTIONS INCLUDING THE OREGON 93730 Recordation of decrees in other counties COORDINATE SYSTEM 93740 Notice of Us pendens contents recordation 93310 Rules for construing description of real effect discharge property 93750 Recordability of telegraphic copies of pow 93320 Oregon Coordinate System zones ers of attorney and other acknowledged 93330 Definition instruments 93340 Use of terms in land description 93760 Recordability of documents orders and de 93350 Plane coordinates crees of the United States District Court 93360 Coordinates exempted from recordation 93770 Recordability of petitions orders and de 93370 Description as supplemental conflict in de crees under National Bankruptcy Act scription 93380 Purchaser or mortgagee not required to VALIDATING AND CURATIVE ACTS rely on description 93810 Validating and curative Acts EXECUTION ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS PENALTIES 93410 Execution and acknowledgment of deeds 93990 Penalties 725 CH 93 CROSS REFERENCES CROSS REFERENCES Cemetery lots conveyancing of Ch 97 93020 Conveyances between spouses 108090 Statute of frauds relating to realty agreements Cooperative corporation interests in realty effect of 41580 merger or consolidation 62160 93120 Cooperative corporation realty conveyance of 62125 Registered land use of heirs and assigns 94135 62165 93180 Corporate interests in realty effect of merger or consolidation 57480 Partition by tenants in common 105205 Permanent separation of spouses changes tenancy Corporate realty conveyance of 57030 by entirety to tenancy in common 107280 County clerks duties of Ch 205 Employes trusts 128520 93410 Escrows regulation 696505 to 696580 Clerk of Supreme Court taking acknowledgments Farm land specially taxed recordation 308385 8120 Fees for recording indexing and certifying copies County clerk taking acknowledgments 205110 of instruments Ch 205 Execution of instrument defined 42020 Fraudulent conveyances Ch 95 Subdivisions conveyance of lots in 92310 Fraudulent intent conveyance with as a crime 93610 165220 Guardian conveying wards real property 126285 Assignment of mortgage recordability 86080 126406 to 126495 Contract to convey or instrument conveying real estate statement of consideration 93030 Limited partnership realty conveyance of 69090 County clerks and recorders of conveyances duties claims recordation and conveyancing Mining of Ch 205 517090 Declaration and floor plans for property subject to Partnership realty conveyance of 68130 68220 unit ownership 91540 Presumption of conveyance by person under a duty Discharge of encumbrances on unit subject to unit to convey 4136038 ownership 91570 Public property held by taxable owner under con tract of purchase sale of 307100 Discharge of mortgage of record 86090 to 86130 Recorder of conveyances duties of Ch 205 93640 Recording or approval prior to sale or transfer of Application to chattel mortgages 86330 subdivision lots 92016 92025 Mechanics lien as prior to unrecorded mortgage or Reforestation land or forest crop thereon notice to other encumbrance 87025 tax collector State Forester and State Tax Com Priority between judgment lien and unrecorded mission required before transfer 321295 2 conveyance 18370 Restraining disposition of realty after commence 93650 ment of suit for divorce or annulment 107090 Subdivided property controlling sales and leases of Effect of photocopy of public record 192050 192070 92210 to 92390 Proof of public record of private writing 43340 Subdivision plat donation or grant to public con 93670 struction of 92150 Filing power of attorney as to registered land Title obtained by county in tax foreclosure proceed 94370 ings affecting 312214 to 312230 93690 Trust deed foreclosure of 86710 State Lands Divisions instruments and copies re Trustee conveying property of missing person cordability and effect as evidence 273085 273095 127070 93710 Trustees deed Interest conveyed to purchaser 86755 Interpretation of 1963 amendments 1963 c416 2 Land acreage description 86705 93730 Unit ownership deed for unit of property subject to Docketing judgment in other counties 18320 91565 91605 93740 Water rights transfer of Ch 540 Registered land filing notice of lis pendens affect 93010 ing 94515 Conveyance of land mortgaged to state as security 93810 for loan from Oregon War Veterans Fund ne Aliens property rights Const Art I 31 cessity of purchaser covenanting to assume Repeal of validating or curative statutes effect of mortgage to validity of 407070 174070 Unit ownership conveyance of unit of property sub Stability of title obtained by county in past and ject to 91605 future tax foreclosures 312214 726 CONVEYANCING AND RECORDING 93140 GENERAL REQUIREMENTS FOR required by subsection 1 of this section DISPOSITION OF REALTY shall be made by a grantor or a grantee Fail ure to make such statement does not inval 93010 Conveyances how made Con date the conveyance veyances of lands or of any estate or inter 3 If the statement of consideration is est therein may be made by deed signed by the person of lawful age from whom the es in the body of the instrument preceding the signatures execution of the instrument shall tate or interest is intended to pass or by constitute a certification of the truth of the his lawful agent or attorney and acknowl edged or proved and recorded without any statement If there is a separate statement of consideration on the face of the instru other act or ceremony No seal of the grant or corporate or otherwise shall be required ment it shall be signed separately from the on the deed instrument and such execution shall consti tute a certification of the truth of the state Amended by 1965 c502 4 ment by the person signing No particular 93020 Creating transferring or declar form is required for the statement so long as ing estates or interests in realty 1 No es the requirements of this section are reason tate or interest in real property other than ably met a lease for term not exceeding one year nor 4 No instrument conveying or con any trust or power concerning such property tracting to convey fee title to any real estate can be created transferred or declared oth shall be accepted for recording by any county erwise than by operation of law or by a con clerk or recording officer in this state unless veyance or other instrument in writing sub the statement of consideration required by scribed by the party creating transferring this section is included on the face of the or declaring it or by his lawful agent under instrument written authority
Load more

Recommended publications
  • UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (Last Revised Or Amended in 2005)
    UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (Last Revised or Amended in 2005) drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES at its ANNUAL CONFERENCE MEETING IN ITS ONE-HUNDRED-AND-THIRTEENTH YEAR PORTLAND, OREGON JULY 30-AUGUST 6, 2004 WITH PREFATORY NOTE AND COMMENTS Copyright ©2004 By NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS April 2005 ABOUT NCCUSL The National Conference of Commissioners on Uniform State Laws (NCCUSL), now in its 114th year, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law. Conference members must be lawyers, qualified to practice law. They are practicing lawyers, judges, legislators and legislative staff and law professors, who have been appointed by state governments as well as the District of Columbia, Puerto Rico and the U.S. Virgin Islands to research, draft and promote enactment of uniform state laws in areas of state law where uniformity is desirable and practical. • NCCUSL strengthens the federal system by providing rules and procedures that are consistent from state to state but that also reflect the diverse experience of the states. • NCCUSL statutes are representative of state experience, because the organization is made up of representatives from each state, appointed by state government. • NCCUSL keeps state law up-to-date by addressing important and timely legal issues. • NCCUSL’s efforts reduce the need for individuals and businesses to deal with different laws as they move and do business in different states.
    [Show full text]
  • Deed Recording
    DEED RECORDING Deeds are important legal documents. The Onondaga County Clerk’s Office strongly recommends consulting an attorney regarding the preparation and filing/recording of any legal document. OUR OFFICE IS PROHIBITED BY LAW FROM PROVIDING ANY LEGAL ADVCE. THE ACCEPTANCE OF AN INSTRUMENT FOR RECORDING IN NO WAY IMPLIES AN ENDORSEMENT OR LEGAL SUFFICIENCY OR A GUARANTEE OF TITLE. IF YOU CHOOSE TO ACT AS YOUR OWN ATTORNEY YOU ARE SOLELY RESPONSIBLE FOR LEGAL COMPLIANCE AND ANY IMPLICATIONS THEREOF. To find a local attorney who specializes in real estate, contact the Onondaga County Bar Association Lawyer Referral Serve at 315.471.2690. Their website is located at https://www.onbar.org/ Our office does not supply forms. To purchase a New York State specific deed form, you may visit the Blumberg Legal Forms website at: https://www.blumberg.com/forms/ All deed filings must be accompanied by both an RP-5217 and TP 584 All recording in Onondaga County require a legal description for the subject property. ADDITIONAL RECORDING FEE EFFECTIVE MARCH 11, 2020 Effective March 11, 2020 there will be a $10 fee added to all residential deed recordings. On January 11, 2020 Governor Cuomo signed into law an amendment to Real Property Law Section 291 that requires County Clerks to notify the owner(s) of record of residential real property when a document is recorded affecting said residential property. The law also allows a reasonable fee to be assessed for said notices. The NYS Association of County Clerks, in order to provide uniformity throughout NYS, has determined that $10 is a reasonable fee per document.
    [Show full text]
  • Title Matters Affecting Parties in Possession: By
    TITLE MATTERS AFFECTING PARTIES IN POSSESSION: ADVERSE POSSESSION, AFTER-ACQUIRED TITLE, & THE RULE AGAINST PERPETUITIES BY DONALD G. SINEX SCOTT C. PETRY SUSAN A. STANTON TABLE OF CONTENTS INTRODUCTION…………………………………………………………………………….. 1 I. ADVERSE POSSESSION…….……………………………………………………………. 1 1. Adverse Possession………...………………...……………………………………….......... 2 2. Identifying Issues in Record Title…………………………………………………………. 3 a. Historical Changes in Metes and Bounds…………………………………………… 4 b. Adverse Possession of Minerals……………………………………………………… 4 c. Adverse Possession in Cotenancy, Landlord-Tenant, & Grantor-Grantee Situations………………………………………………………………………….…...... 5 d. Distinguishing Coholders from Cotenants………………………………………….. 6 3. Adverse Possession Requirement………………………………………………………… 7 4. Other Issues………………………………………...……………………………………….. 9 II. AFTER ACQUIRED TITLE………………………….…………………………………………. 10 1. The Doctrine………………..……... ……………………………………………………….. 10 2. Bases Used by Courts in Applying the Doctrine…………………………………........... 11 3. Conveyance Instruments that an Examiner is Likely to Encounter…………………… 12 a. Deeds of Trust and Liens……………………………………………………………... 12 b. Oil & Gas Leases and Limitations……………………………………………………. 14 c. Public Lands……………………………………………………………………………. 15 d. Title Acquired in Trust………………………………………………………………… 16 e. Quitclaims and Limitations…………………………………………………………… 16 4. Effect on Notice and Purchasers………………………………………………………….. 18 a. Subsequent Purchaser…………………………………………………………………. 19 b. Protections……………………………………...………………………………………. 19 c. Duty to Search………………………………………………………………………….
    [Show full text]
  • July 2007 Real Property Question 6
    July 2007 Real Property Question 6 MEE Question 6 Owen owned vacant land (Whiteacre) in State B located 500 yards from a lake and bordered by vacant land owned by others. Owen, who lived 50 miles from Whiteacre, used Whiteacre for cutting firewood and for parking his car when he used the lake. Twenty years ago, Owen delivered to Abe a deed that read in its entirety: Owen hereby conveys to the grantee by a general warranty deed that parcel of vacant land in State B known as Whiteacre. Owen signed the deed immediately below the quoted language and his signature was notarized. The deed was never recorded. For the next eleven years, Abe seasonally planted vegetables on Whiteacre, cut timber on it, parked vehicles there when he and his family used the nearby lake for recreation, and gave permission to friends to park their cars and recreational vehicles there. He also paid the real property taxes due on the land, although the tax bills were actually sent to Owen because title had not been registered in Abe’s name on the assessor’s books. Abe did not build any structure on Whiteacre, fence it, or post no-trespassing signs. Nine years ago, Abe moved to State C. Since that time, he has neither used Whiteacre nor given others permission to use Whiteacre, and to all outward appearances the land has appeared unoccupied. Last year, Owen died intestate leaving his daughter, Doris, as his sole heir. After Owen’s death, Doris conveyed Whiteacre by a valid deed to Buyer, who paid fair market value for Whiteacre.
    [Show full text]
  • Virginia Real Property Electronic Recording Standard
    SEC505-00.1 Effective Date: May 1, 2007 December 8, 2016 COMMONWEALTH OF VIRGINIA Information Technology Resource Management Standard VIRGINIA REAL PROPERTY ELECTRONIC RECORDING STANDARD Virginia Information Technologies Agency (VITA) i Virginia Real Property Electronic Recording Standard SEC505-00.1 Effective Date: May 1, 2007 December 8, 2016 PUBLICATION VERSION CONTROL ITRM Publication Version Control: It is the user's responsibility to ensure they have the latest version of the ITRM publication. Questions should be directed to the Associate Director Manager for Policy, Practice and Enterprise Architecture (PPA) (EA) at VITA’s Relationship Management Governance (RMG) Strategic Management Services (SMS). SMS EA will issue a Change Notice Alert, post it on the VITA Web site, and provide an email announcement to the Circuit Court Clerks, as well as other parties PPA EA considers to be interested in the change. This chart contains a history of this ITRM publication’s revisions. Version Date Purpose of Revision Original 05/01/2007 Base Document This administrative update is necessitated by changes in the Code of 00.1 12/08/2017 Virginia and organizational changes in VITA. No substantive changes were made to this document. ii Virginia Real Property Electronic Recording Standard SEC505-00.1 Effective Date: May 1, 2007 December 8, 2016 PREFACE real estate settlement process for the benefit of citizens of the Commonwealth and users of the electronic Publication Designation filing system. SEC505-00.1 Sections 55-66.3 through 55-66.5 and 55-66.8 through Subject 55-66.15: This Standard for the electronic acceptance and recordation for the release of mortgage, rescinding Virginia Real Property Electronic Recording Standard erroneously recorded certificates of satisfaction, requirements on secured creditors, and the form and Effective Date effect of satisfaction facilitates real estate transactions May 1, 2007 December 8, 2016 in the Commonwealth.
    [Show full text]
  • Usufruct Study Guide
    Article 562 ± 578 1. Define usufruct. Usufruct is a real right by virtue of which a person is given the right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law provides otherwise. 2. What are the three fundamental Rights Appertaining to Ownership? Ownership consists of three fundamental rights, to wit: - jus disponende (right to dispose) - jus utendi (right to use) - jus fruendi (right to the fruits) 3. Of the above-mentioned fundamental rights, what consists usufruct and naked ownership? The combination of the jus utendi and jus fruendi is called usufruct. The remaining right jus disponendi is really the essence of what is termed ³naked ownership´. 4. What right is transferred to the usufructuary and what right is remained with the owner? In a usufruct, only the jus utendi and jus fruendi over the property is transferred to the usufructuary. The owner of the property maintains the jus disponendi or the power to alienate, encumber, transform, and even destroy the same. (Hemedes vs. CA, 316 SCRA 347 1999). 5. What are the formulae with respect to full ownership, usufruct, and naked ownership? The following are the formulae: - Full Ownership equals Naked Ownership plus Usufruct - Naked Ownership equals Full Ownership minus Usufruct - Usufruct equals Full Ownership minus Naked Ownership 6. What are the characteristics or elements of usufruct? The following are the characteristics or elements of usufruct: ESSENTIAL CHARACTERISTICS: those without which it can not be termed usufruct: (a) It is REAL RIGHT (whether registered in the Registry of Property or not).
    [Show full text]
  • Schedule of Fees (PDF)
    County Clerk Offices Administration/County Clerk 291-2690 Certified Copies 291-3287 Court Papers/Court Calls 291-3286 File Room 291-3086 Indexing 291-3285 Land Records 291-3287 Map Room/Subdivision Maps 291-3084 Passports/Naturalization 291-2698 Pistol Permits 291-3060 Recording Documents 291-3292 Record Room 291-3287 Uniform Commercial Code 291-3292 Orange County Web Site www.orangecountygov.com Subdivision Maps After a subdivision map is approved by a town or city planning board, it MUST be filed in the Clerk’s Office. We urge you to check the filing requirements of the County Clerk’s Office that have been mandated by the state and local governments. The planning board office in the city or town where the land is located can supply you with a list of these requirements, or call 291-3084. ORANGE COUNTY Legible Copies CLERK’S OFFICE Whenever a paper or document, presented to a County Clerk for filing or recording is not legible or otherwise suitable for ANN G. RABBITT scanning or recording by the process, the County Clerk may require a legible or suitable copy thereof along with such County Clerk paper or document, and the same fees shall be payable for the copy as are payable for the paper or document. OFFICE HOURS * Monday – Friday 9:00 AM – 5:00 PM Orange County Clerk’s Office 255 Main Street Goshen, New York 10924-1697 *Passports & Pistol Permits 9:00 AM – 4:30 PM ASSIGNMENT OF MORTGAGE*, To Record 45.00 MECHANICS LIEN, To File 15.00 Plus Per Page 5.00 Affidavit of Service (35 Days) 5.00 Plus Each Additional Mortgage 3.00 Discharge by Payment into Court 3.00 1st Asst.
    [Show full text]
  • Recording Deeds in Lake County
    Recording Deeds in Lake County Deeds for properties located in Lake County should be recorded in the Lake County Recorder of Deeds Office. Deeds are accepted for recording in person or by mail. Once recorded, the document will be assigned a document number, scanned, and entered into a Grantor/Grantee index. The original document will be returned to the party named on the document. After recording, land records are available for public viewing. As always, it is suggested that you consult legal & accounting professionals to fully understand the legal & tax implications of recording any property deed changes. If there is anything that our staff can do to help make this process easier for you, please let us know. 18 N County St – 6th Floor Waukegan, IL 60085-4358 Phone: (847) 377-2575 Fax: (847) 984-5860 Email: [email protected] Website: www.lakecountyil.gov/recorder Recording Requirements: 1. Deeds must be dated, signed & notarized. 2. Parties involved must be named. 3. Grantee's (buyer) address must be listed. 4. Deeds require a complete legal description. 5. Metes & bounds legal descriptions require a Plat Act affidavit. 6. Deeds require the name & address of the Preparer. 7. Deeds require “Mail to” information (name & address) - this is where the recorded document must be returned, after it has been recorded. 8. Taxpayer name & address for tax bills must be listed. 9. All deeds require either a completed Illinois PTAX- 203 form or a signed & dated exemption statement. 10. Local municipal transfer tax stamps must be obtained at the local municipality prior to being submitted to the Recorder of Deeds Office.
    [Show full text]
  • Condominium Ownership of Real Property
    CHAPTER 47-04.1 CONDOMINIUM OWNERSHIP OF REAL PROPERTY 47-04.1-01. Definitions. In this chapter, unless context otherwise requires: 1. "Common areas" means the entire project excepting all units therein granted or reserved. 2. "Condominium" is an estate in real property consisting of an undivided interest or interests in common in a portion of a parcel of real property together with a separate interest or interests in space in a structure, on such real property. 3. "Interest" means the fractional or percentage interest or interests ascribed to each unit by the declaration provided for in section 47-04.1-03. 4. "Limited common areas" means those elements designed for use by the owners of one or more but less than all of the units included in the project. 5. "Project" means the entire parcel of real property divided, or to be divided into condominiums, including all structures thereon. 6. "To divide" real property means to divide the ownership thereof by conveying one or more condominiums therein but less than the whole thereof. 7. "Unit" means the elements of a condominium which are not owned in common with the owners of other condominiums in the project. 47-04.1-02. Recording of declaration to submit property to a project. When the sole owner or all the owners, or the sole lessee or all of the lessees of a lease desire to submit a parcel of real property to a project established by this chapter, a declaration to that effect shall be executed and acknowledged by the sole owner or lessee or all of such owners or lessees and shall be recorded in the office of the recorder of the county in which such property lies.
    [Show full text]
  • Application for the Registration of a Public Offering Statement for a Residential Condiminium
    AP P LICATION FOR THE REGISTRATION OF A P UBLIC OFFERING STATEMENT FOR A RESIDENTIAL CONDOMINIU M Office of the Secretary of State State House Annapolis, MD 21401 Revised 7/2017 APPLICATION FOR THE REGISTRATION OF A PUBLIC OFFERING STATEMENT FOR A RESIDENTIAL CONDIMINIUM The Maryland Condominium Act1 requires a Public Offering Statement for all residential condominiums being offered for sale in Maryland to be registered with the Office of the Secretary of State regardless of the location of the condominium. A contract for the initial sale of a condominium unit may not be entered into until the Public Offering Statement for the proposed condominium regime has been registered with the Secretary of State and until ten days after all amendments to the Public Offering Statement have been filed with the Secretary of State. An application for the registration of a condominium located in Maryland consists of a Public Offering Statement as described herein and in §11-126 of the Maryland Condominium Act, completed in accordance with the application form attached hereto, and a registration fee of $5.00 per unit, but not less than $100.00. In the case of a condominium located wholly outside of Maryland, an application that has been approved by an agency in the State where the condominium is located and that substantially complies with the Maryland Condominium Act may be submitted to the Secretary of State for registration. If the application has been approved by that out-of- state agency, please use the Maryland application to cross-reference to the approved documents. Certification of approval from the state agency which approved the documents must also be included.
    [Show full text]
  • Quitclaim Holder As a Bona Fide Purchaser
    Wyoming Law Journal Volume 6 Number 4 Article 7 December 2019 Quitclaim Holder as a Bona Fide Purchaser Neil McLean Follow this and additional works at: https://scholarship.law.uwyo.edu/wlj Recommended Citation Neil McLean, Quitclaim Holder as a Bona Fide Purchaser, 6 WYO. L.J. 306 (1952) Available at: https://scholarship.law.uwyo.edu/wlj/vol6/iss4/7 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. WYOMING LAW JOURNAL This proposition immediately poses many problems beyond the scope of this article, but it is apparently the best solution to date of conserving present oil and gas resources. MElVIN M. FILLERUP QUITCLAIM HOLDER AS A BONA FIDE PURCHASER On the question whether one claiming under a quitclaim is entitled to the protection of the recording acts there is a wide range of authority. Text writers have divided the authorities into so-called majority and minority rules, with the majority giving the quitclaim grantee the protec- tion of the recording acts.' Also the majority view is gaining favor con- stantly, the minority rule denying such protection being an outdated viewpiont.2 However, beneath the facade of majority and minority labels, there appears to be a large number of subsidiary rules, with no such clear-cut differences as would seem indicated. This article will attempt to point out the barely discernible basic reasoning behind the welter of conflicting rules. A theory which can be disposed of initially is one finding that presence or lack of warranties in a deed has bearing upon the problem, whether we shall recognize the good faith of a quitclaim holder by granting him protection against outstanding unrecorded interests.
    [Show full text]
  • The Uneasy Case for Adverse Possession
    Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2001 The Uneasy Case for Adverse Possession Jeffrey E. Stake Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Property Law and Real Estate Commons Recommended Citation Stake, Jeffrey E., "The Uneasy Case for Adverse Possession" (2001). Articles by Maurer Faculty. 221. https://www.repository.law.indiana.edu/facpub/221 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. ARTICLE The Uneasy Case for Adverse Possession JEFFREY EVANS STAKE* "[M]an, like a tree in the cleft of a rock, gradually shapes his roots to his surroundings, and when the roots have grown to a certain size, can't be displaced without cutting at his life. "1 INTRODUCTION In the above quotation, Justice Holmes explained title by prescription and the '2 "strange and wonderful" doctrine of adverse possession. Judge Posner has argued that Holmes was making a point about the diminishing marginal utility of income. I think not. One purpose of this Article is to develop a different interpretation of Justice Holmes, an interpretation with roots in modem experi- mental psychology and the theory of loss aversion. 4 Professors Stoebuck and Whitman stated in their property treatise, "If we had no doctrine of adverse possession, we should have to invent something very like it."'5 That was true in the past and may still be true today, but it is not at all clear that it will remain true in the future.
    [Show full text]