DOCSLIB.ORG

Property and Conveyancing William Schwartz

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Property and Conveyancing William Schwartz Annual Survey of Massachusetts Law Volume 1969 Article 8 1-1-1969 Chapter 5: Property and Conveyancing William Schwartz Follow this and additional works at: http://lawdigitalcommons.bc.edu/asml Part of the Property Law and Real Estate Commons Recommended Citation Schwartz, William (1969) "Chapter 5: Property and Conveyancing," Annual Survey of Massachusetts aL w: Vol. 1969, Article 8. Schwartz: Chapter 5: Property and Conveyancing CHAPTER' Property and Conveyancing WILLIAM SCHWARTZ A. LANDLORD AND TENANT: VIOLATIONS OF BUILDING CoDES: FR.OM IMMUNITY TO REsPONSmlL1TY §5.1. Introduction: The legal background. At common law, the position of the lessee, members of his family, and his visitors was very desolating as far as any tort liability of the landlord for harm from defects in the leased premises was concemed.1 Dolan v. Suffolk Franklin Savings Bank,2 decided in the 1969 SURVEY year, is a welcome addition to the cascading crescendo of cases and commentary across the nation which advocate an amelioration of this status. In the 19th century, landowners' economic interests were given paramount consideration. The courts of that period stamped approval of the general rule of the lessor's tort immunity by adopting the root concept that a lease was a sale of the premises for a term. Such a "jurisprudence of conceptions" meant that the landlord was subject to no liability for leasing premises in a dangerously defective con· dition because the heartless rule of caveat emptor applied, leaving the lessee blithely free to determine for himself the condition of the premises before making his uncoerced choice of whether or not to sign the lease.- The only recourse of visitors, in tum, was against the lessee or occupier of the land.' Nor was there any duty imposed on the lessor to keep the premises in repair after the tenant and his family moved in, for, under the talismanic immunizing phrase, there had been transferred an estate in the premises, and no matter how much the lessor may have been brimming with altruistic plans to repair, he had no right to enter. II WJI.LJAM: ScHwAltTZ is Fletcher Profelsor of Law at Bolton University Law School and general director of the American Trial Lawyers Aasoc:iadon. §5.1. 1 See Harkrider, Tort Liability of a Landlord, 26 Mich. L. Rev. 260 (1928); Prosser, The Law of Torts §65, at 411·414 (5d ed. 1964). 21969 Mass. Adv. Sh. 625, 246 N.E.2d 798. _ See, e.g., Daulton v. Wllliams, 81 Cal. App. 2d 70, 185 P.2d 525 (1947); Fowler v. Bott, 6 Mass. 58, 62 (1809) (lease held a sale of premises for a term); Cowen v. Sunderland, 145 Mass. 565, 564 (1887). 'Buoy v. Fidelity·Philadelphia Trust Co., 558 Pa. 5, 12 A.2d 7 (1940). II See 1 Tiffany, Landlord and Tenant 7 (1912); 2 Restatement of Torts §555; 2 Harper and James, Torts §27.16 (1956); Eldredge, Landlord'. Tort Liability for Disrepair, 84 U. Pa. L Rev. 467 (1986), reprinted in L Eldredge, Modem Tort Prob. lems 115 (1941). Published by Digital Commons @ Boston College Law School, 1969 1 Annual Survey of Massachusetts Law, Vol. 1969 [1969], Art. 8 §5.1 PROPERTY AND CONVEYANCING 79 An English judge succinctly summed up the dismal plight of the tenant and his family and servants at common law, "fraud apart, there is no law against letting a tumbledown house."8 If a tenant, having seen that the premises were patently perilous and rife with risk, still wanted to rent, that was his affair. Fraud apart, about the only lim­ itation or inroad on the landlord's tort immunity was his liability for injuries caused by concealed defects of which he knew and failed to make disclosure. This exception was given a grudging and con­ strictive construction by courts under the flourishing myth that over­ borne tenantS' were omnicompetent people, dealing at arm's length on a plane of legal parity, who might be expected to give the prem­ ises an intensive examination before renting them.7 In the last 90 years or so there has been a discernible shift from the rule of lessor's immunity to an approach which makes the land­ lord primarily responsible for the safe condition of his premises, thus placing the duty of making repairs on the party better able to make repairs. Basic transformations in social and economic conditions led to an irresistible need for first breaching and then replacing most of the original common law immunity doctrine. Wider use of the short­ term lease occurred because of greater mobility and stir of population. Changes in construction styles and patterns, increasing urbanization and the inflow from farm to city necessitated larger financial outlays to make repairs; and resulting urbanization proportionally increased the ratio of the population living in multiple dwellings, where the same defective condition might endanger more than one apartment family unit. The cumulative force of these factors led to a shifting of responsibility to the lessor by circumvention of the sales concept and to increasing breaches in the general common law no duty rules. The inroads on the lessor's immunity include: (1) concealed dan­ gerous conditions known to the lessor; (2) conditions dangerous to those outside the premises; (8) premises leased for admission of the public; (4) the lessor's covenant to repair; (5) negligence in making repairs; (6) portions of premises retained in lessor's control; (7) stat­ utes - frequently extended to multiple dwellings - requiring lessors to keep premises in good repair.8 The Dolan decision, the case under review, is concerned with the seventh exception or inroad on the lessor's immunity. It deals with the effect of the landlord's violation of the building code. This brief survey of the legal background would be incomplete without note being taken of the recent Massachusetts decision of 8 ErIe, C.J., in Robbins v. Jones, 15 C.B.N.S. 221, 240, 14S Eng. Rep. 768, 776 (1863). 7 See, e.g., Bowe v. Hunking, IS5 Mass. S80 (1883) (where a tread on backstairs, which were enclosed and "not well lighted," had been partly sawed through and painted over, the Court rigorously applied caveat emptor since this defect was discoverable by the tenant). ' 8 See Prosser, The Law of Torts §6S, at 411-425 (Sd ed. 1964); 2 Harper and James, Torts §27.15 (1956). http://lawdigitalcommons.bc.edu/asml/vol1969/iss1/8 2 Schwartz: Chapter 5: Property and Conveyancing 80 1969 ANNUAL SURVEY OF MASSACHUSETIS LAW §5.2 Horton v. Marston. D In that case, the Supreme Judicial Court held that an implied warranty of habitability exists in a lease of furnished premises for a term of nine months. There are at least four possible rationales for the short term, furnished premises exception.10 They are (1) it is a judicial attempt to narrOw the ambit of the caveat tenant rule; (2) the short-term tenant of furnished premises has ex­ pectations regarding the uses of the. premises that are deserving of legal protection; (3) the short-term tenant of furnished premises has less opportunity to make an inspection; (4) the short-term tenant of furnished premises is more apt to fall prey to unconscionable land­ lords. §5.2. Housing conditions and the efficacy of existing remedies. A realistic approach to a resolution of the issues existent in this corner of the law must be predicated upon an appraisal of current housing conditions and the adequacy of existing remedies to improve the situation. Two commentators have observed: Today, half a century after slum dwelling laws were widely enacted in response to public outrage, and a generation since the principle of public housing became operative, there remain vast numbers of urban housing units in which the most appalling living conditions continue to exist. Yet, it would be difficult to find a social wrong that has been more thoroughly and elaborately attacked in law. For example, New York, the first city of America in quantity and detestability of its slum dwellings ... has at least five major legal devices designed to eliminate sub-standard hous­ ing: The owners of such housing can be criminally prosecuted; the offending building can be ordered vacated; rent can in some circumstances be withheld or abated; controlled rents can be involuntarily reduced; and the building .can even be put into receivership, so that the city can make repairs and obtain a lien on rents to secure reimbursement. These are certainly strong­ some might say Draconian measures; yet, despite their presence, abominable slum housing conditions persist in very great quan­ tity.l In many of our urban centers, housing is deteriorating more quickly than it can be replaced.• The 1960 Census of Housing reported that 24 percent of all occupied units were deteriorating, dilapidated or lacking some or all pllimbingfacilities.8 D 852 Mass. 822,225 N.E.2d 8ll (1967). 10 See R . .Berger, Housing 588 (1969). §5.2. 1 Sax and Hiestand, Slumlordism as a Tort, 65 Mich. L. Rev. 869, 870-871 (1967). 2 See Message of the President of the United States Relative to the Problems and Future of the Central City and Its Suburbs, III Congo Rec. 8908 ~1965). 8 Keith. An Aalessment of National Housing Needs, 82 Law Be Contemp. Prob. 209-218 (1967). Published by Digital Commons @ Boston College Law School, 1969 3 Annual Survey of Massachusetts Law, Vol. 1969 [1969], Art. 8 §5.2 PROPERTY AND CONVEYANCING 81 It has become economically impossible for private investors to provide new rental housing for low income groups; and subsi­ dized public housing will take many, many years to fill the gap even if current rates of urban renewal and other construction are greatly increased.
Load more

Recommended publications
  • Supplementary Conveyancing Questionnaire
    Supplementary Conveyancing Questionnaire (To be completed if you have answered YES to 9d) Should you have insufficient space to answer any questions, please continue on your own HEADED notepaper Please note that this questionnaire forms part of your proposal for professional indemnity insurance and you are reminded of the importance of the notes and declaration on the proposal, which also applies to this questionnaire. LLP 682 - Jul 12 Important note regarding the completion of this proposal form. 1. Disclosure Any “material fact” must be disclosed to insurers - A “material fact” is any information which may influence the judgement of a prudent insurer in deciding whether to accept the risk and if so, on what terms. Any “material change” must be disclosed to insurers. - A “material change” is any material fact which arises on renewal or during the currency of the policy that has not previously been disclosed as a material fact. Examples of material changes to material facts include: • Fraud on the part of any of the Partners and Employees • A change in the composition of the firm's practice • Mergers and Acquisitions with other firms • Conversion to a Limited Liability Partnership If you are unsure whether a fact or change is material or not, you should disclose it. Failure to provide all “material facts” and/or notify all “material changes” may cause the contract of insurance to be void from inception i.e. your insurers will return the premium and there will be no cover for any claims made under the policy. 2. Presentation This proposal form must be completed by an authorised individual or principal of the firm.
    [Show full text]
  • The Myth of Strict Foreclosure
    THE MYTH OF STRICT FORECLOSURE SHmLDON TEFF* YTHS in the field of mortgages are many and striking. One of the most striking is the assumption of American students that the English chancellor left the mortgagor virtually unprotected from his mortgagee. It is not diffitult to find the reasons for this assump- tion. In the colonial period of the country the Court of Chancery was in great disrepute., Time has removed much of the prejudice against doctrines of the chancellor, but in the field of mortgages the prejudice has continued. First, the English system of mortgages seems very primitive to American students. The struggle of junior mortgages to obtain the status of legal charges has confirmed the tradition that the English system of mortgages was very slow in developing, and the hocus-pocus of the long-term lease by which, under the 1925 legislation,2 the second mortgage emerged as a legal charge tended to confirm the prejudice. Surely under a system so primitive mortgagors could not have been adequately protected! The second reason for the prejudice is based upon the history of the American law of mortgages. For more than a century the trend of the American law has been toward greater protection for the debtor. Judges and legislators have joined in the effort to improve the position of the mortgagor and yet, as the d6bicle of the last decade shows, the present American system leaves the mortgagor without adequate protection. The position of mortgagors who did not have the benefit of the century's improvements must have been miserable indeed.
    [Show full text]
  • 1 Preventing Homelessness
    PREVENTING HOMELESSNESS STATEMENT OF BEST PRACTICE IN JOINT WORKING BETWEEN RENFREWSHIRE COUNCIL AND HOUSING ASSOCIATIONS (RSLs), PRIVATE LANDLORDS AND CREDITORS IN THE RENFREWSHIRE AREA. EVICTION PROTOCOL 1. INTRODUCTION This Statement of Best Practice aims to ensure that prevention of homelessness and dealing with evictions takes place in a non-discriminatory way and that appropriate support is available to all tenants/legal occupiers on an individual basis. The agreement relies on effective partnership working, built upon honesty, integrity, confidentiality and a willingness by all parties to prevent eviction and resultant homelessness. 2. BACKGROUND The prevention of homelessness, whatever the cause, is a key strategic aim of Renfrewshire Council. Section 11 of the Homelessness etc. (Scotland) Act 2003 places a duty on all Registered Social Landlords/private sector landlords* and creditors to notify the local authority of any repossession proceedings. The duty under Section 11 becomes a statutory requirement on 1st April 2009 (* Since April 2006 all private landlords letting property in Scotland have also had a duty to register with the Council.) This Statement of Best Practice sets out arrangements for the implementation of Section 11 to ensure that all tenants and legal occupants of dwellings in Renfrewshire have access to services which can provide advice and assistance in preventing homelessness occurring as a result of eviction or repossession due to rent or mortgage arrears, or other management grounds. As part of an ongoing restructure of homelessness services in Renfrewshire, a Prevention Team has been established. Within this team there are Homeless Prevention Officers who have a dedicated role to assist households threatened with homelessness.
    [Show full text]
  • Conveyancing and the Law of Real Property
    September 2014 - ISSUE 19 Conveyancing and The Law of Real Property The questions may be asked what is Conveyancing and why is Property Rules and his first act must be to undertake an inves‐ it attached to the Law of Real Property. tigation into the title of the Vendor’s property. This search which must be conducted in the Register of Deeds and should When dealing with the Law of Real Property there are two involve a period of time of thirty years or longer in the case fundamental points which must be understood‐‐‐ where the date of the Vendor’s Deed is older than thirty years. (i) You acquire knowledge of the rights and liabilities attached to the interests of the owner in the land and The Cause List search is undertaken in the Supreme Court Registry and the purpose of which is to ascertain whether (ii) The foundation of the Rules of Conveyancing. there are any liens pending against the Vendor in the Su‐ preme Court Register. If there are pending liens, they must be It is not easy to distinguish accurately between Real Property settled by the Vendor before he is able to sell the property. and Conveyancing. It is said that Real Property deals with the rights and liabilities of land owners. Conveyancing on the The original documents of title must be produced by the Ven‐ other hand is the art of creating and transferring rights in land dor and delivered to the attorney for review. I the Vendor is and thus the Rules of Conveyancing and the Law of Real Prop‐ unable to produce the same and the attorney has found the erty cannot be distinguished as separate subjects though re‐ title to be good and marketable, then the Vendor must sign lated closely but should be distinguished as two parts of one and swear an Affidavit of Loss in respect of such lost or mis‐ subject of land law.
    [Show full text]
  • Violations of Zoning Ordinances, the Covenant Against Encumbrances, and Marketability of Title: How Purchasers Can Be Better Protected
    VIOLATIONS OF ZONING ORDINANCES, THE COVENANT AGAINST ENCUMBRANCES, AND MARKETABILITY OF TITLE: HOW PURCHASERS CAN BE BETTER PROTECTED Jessica P. Wilde∗ I. INTRODUCTION Zoning ordinances function as an exercise of the government’s general police power, sustaining the enjoyment, health, and safety of the public. They are important in order to maintain property values and protect a neighborhood’s quality and environment.1 Zoning ordinances prevent people from using their property in a way that would make a neighborhood less enjoyable.2 State statutes often provide civil and criminal penalties for failing to comply with zoning ordinances.3 Noncompliance with existing ordinances may be of concern to a buyer who buys a parcel of land ∗ J.D. candidate, Touro Law Center, May 2007; B.S., Brigham Young University, May 2004. 1 See ROBERT H. NELSON, ZONING AND PROPERTY RIGHTS: AN ANALYSIS OF THE AMERICAN SYSTEM OF LAND USE REGULATION 11-12 (1977). 2 Id. They are often enacted for safety purposes; for example, a zoning ordinance prevents commercial use in a residential neighborhood or may require a permit or certificate of occupancy before a building is occupied. In addition, a zoning ordinance may be in the form of a building code, requiring that the building maintain certain requirements for fire code purposes. Ordinances serve an array of important functions in order to maintain the value and enjoyment of a neighborhood, as well as facilitate the safety and health of the public. 3 Adam Forman, Comment, What You Can’t See Can Hurt You: Do Latent Violations of a Restrictive Land Use Ordinance, Existing Upon Conveyance, Constitute a Breach of the Covenant Against Encumbrances? 64 ALB.
    [Show full text]
  • Property and Conveyancing William Schwartz
    Annual Survey of Massachusetts Law Volume 1973 Article 4 1-1-1973 Chapter 1: Property and Conveyancing William Schwartz Follow this and additional works at: http://lawdigitalcommons.bc.edu/asml Part of the Property Law and Real Estate Commons Recommended Citation Schwartz, William (1973) "Chapter 1: Property and Conveyancing," Annual Survey of Massachusetts aL w: Vol. 1973, Article 4. Schwartz: Chapter 1: Property and Conveyancing CHAPTER 1 Property and Conveyancing WILLIAM SCHWARTZ• §1.1. Abolition of the doctrine of worthier title. Sections 33A and 83B of chapter 184 have been added to the General Laws.1 These statutes abolish the doctrine of worthier title. In order to comprehend the impact of these statutes it is necessary to understand both of the common law branches of this rule-testamentary worthier title and inter vivos worthier title. Since these statutes may not affect prior conveyances or devises, such an understanding of the common law branches remains essential. At common law, if land was devised, and a devisee was given an estate of the same quantity and quality as he would have taken if the devise had been stricken out of the will, he was deemed to take the inter­ est by descent and not by devise.2 This is known as the Doctrine of Testamentary Worthier Title. A variety of reasons have been suggested for the rule, including the desire on the part of medieval lords to preserve the valuable incidents of tenure.8 For example: 0 owns Blackacre in fee simple absolute. 0 devises it to A. At O's death, A is O's heir.
    [Show full text]
  • Rio Arriba County Planning & Zoning Department
    Bernadette Gonzales GIS Mapping Specialist Rio Arriba County Planning & Zoning Department Margaret Archuleta Map Review Specialist EXEMPTION AFFIDAVIT To claim an exemption from the requirements of the Rio Arriba County Subdivision Ordinance, you must complete this form, sign it before a notary public and submit it together with legible copies of all required documents to the County Planning and Zoning Reviewer, 1122 Industrial Park, Espanola, NM, 87532. Be sure to check all exemptions, which apply and attach legible copies of all supporting documents. I, ___________________________, claim an exemption from the requirements of the New Mexico Subdivision Act and the Rio Arriba County Subdivision Regulations for the following reason(s). I certify that this transaction involves: ___ THIRTY-FIVE ACRE EXEMPTION: The sale, lease or other conveyance of any parcel that is thirty-five (35) acres or larger in size within any twelve (12) month period, provided that the land has been used primarily and continuously for agricultural purposes, in accordance with & 7-36-20 NMSA 1978, for the preceding three (3) years. Attach existing, recorded plat showing size and location of parcel and remainder property. ____ COURT ORDER EXEMPTION: The division of land created by court order, where the court order creates no more than one lot/parcel per party. Attach copy of court order and conveyancing document to said party or parties ____ GRAZING OR FARMING EXEMPTION: The division of land for grazing or farming activities provided that the land continues to be used for grazing or farming activities. Attach copy of proposed conveyancing documents and documents restricting future use to grazing or farming activities.
    [Show full text]
  • SIMPLE REVOCABLE TRANSFER on DEATH DEED Under California Probate Code Section 5642
    Recording requested by, and after recording, please send deed and tax statements to: APN: SPACE ABOVE THIS LINE FOR RECORDING PURPOSES ONLY SIMPLE REVOCABLE TRANSFER ON DEATH DEED Under California Probate Code Section 5642 This document is exempt from documentary transfer tax under Rev. & Tax. Code a7 11930. This document is exempt from preliminary change of ownership report under Rev. & Tax. Code a7 480.3. IMPORTANT NOTICE: • THIS DEED MUST BE RECORDED ON OR BEFORE 60 DAYS AFTER THE DATE IT IS SIGNED AND NOTARIZED • Use this deed to transfer the residential property described below directly to your named beneficiaries when you die. • YOU SHOULD CAREFULLY READ ALL OF THE INFORMATION ON THE OTHER PAGES OF THIS FORM. • You may wish to consult an attorney before using this deed. It may have results that you do not want. • Provide only the information asked for in the form. DO NOT INSERT ANY OTHER INFORMATION OR INSTRUCTIONS. • This form MUST be RECORDED on or before 60 days after the date it is signed and notarized or it will not be effective. TRANSFEROR PROPERTY DESCRIPTION All that real property situated in the municipality of , in County, California—legally described as: Property address: Source of title: BENEFICIARY Deeds.com Uniform Conveyancing Blanks TRANSFER ON DEATH I transfer all of my interest in the described property to the named beneficiary on my death. I may revoke this deed. When recorded, this deed revokes any TOD deed that I made before signing this deed. NOTE: This deed only transfers MY ownership share of the property. The deed does NOT transfer the share of any co-owner of the property.
    [Show full text]
  • Chapter 16: Property and Conveyancing William Schwartz
    Annual Survey of Massachusetts Law Volume 1975 Article 20 1-1-1975 Chapter 16: Property and Conveyancing William Schwartz Follow this and additional works at: http://lawdigitalcommons.bc.edu/asml Part of the Property Law and Real Estate Commons Recommended Citation Schwartz, William (1975) "Chapter 16: Property and Conveyancing," Annual Survey of Massachusetts aL w: Vol. 1975, Article 20. Schwartz: Chapter 16: Property and Conveyancing CHAPTER 16 Property and Conveyancing WILLIAM SCHWARTZ* §16.1. Recording: Chain of Title: Deeds Out from a Common Grantor. If a grantor conveys part of his land and in this "deed out" imposes restrictions on the land he retains, will a subsequent pur­ chaser of all or part of the retained land who does not have actual notice of the restriction take the land free and clear of such burden? Is the "deed out" in the chain of title of the subsequent purchaser, so that he is deemed to have constructive notice of the restriction or may he safely ignore it? This issue, which is crucial in any land develop­ ment scheme, was presented to the Supreme Judicial Court in Guillette v. Daly Dry Wall, Inc. 1 In Guillette, one Gilmore owned a subdivision of land and conveyed a lot in the subdivision to the Guillettes.2 The deed to the Guillettes was recorded.3 This recorded deed referred to a recorded plan of the subdivision,4 and contained restrictions "imposed solely for the benefit of the other lots shown on said plan."5 It also provided that "the same restrictions are hereby imposed on each said lots now owned by the seller."6 A later deed from Gilmore to Daly Dry Wall, Inc.
    [Show full text]
  • Conveyancing at a Crossroads
    CONVEYANCING AT A CROSSROADS: THE TRANSITION TO E-CONVEYANCING APPLICATIONS IN THE U.S. AND ABROAD Michael E. Doversberger* INTRODUCTION A real property interest is arguably the most sacred form of ownership, and is "the largest and most important transaction in most people's lives. ." A home or business is not only of personal importance for many but also the most significant financial asset they possess. Society, therefore, has an interest in ensuring that conveyances of real property are undertaken in a controlled and predictable manner. However, in an increasingly digital world focused on speed and efficiency, the paper- centric U.S. real estate conveyance process has become archaic. This has resulted in an uncomfortable position for parties to real estate transactions, as the transition to new electronic processes is sometimes viewed as undermining the reliability of the past. Despite the significance attached to a real estate transaction, the pending digital conversion cannot be ignored. How society reacts to these changes will determine the ease with which the transition to e-conveyances occurs. Part One will begin with a brief discussion that highlights the international support of e-conveyance applications and the general embrace of "secure, paperless, electronic, end to end, pre-sale to post-completion conveyancing."2 This section will specifically address conveyancing applications in Canada, Scotland, Ireland, Denmark, and Australia. Part Two will then provide a detailed analysis of the comprehensive English e- conveyance system, including how it operates, the problems associated with it, the legal implications of the system, and where England stands today in implementing e-conveyance applications.
    [Show full text]
  • The Housing Market Is in Recovery – but Will Keener Competition Mean
    MARCH 2014 APRIL 2015 THE ONLY MAGAZINE FOR LAW FIRM MANAGERS LPMLEGAL PRACTICE MANAGEMENT EXPERT COLUMNISTS AND ADVICE FROM PRACTICE MANAGEMENT The housing market is in LAW FIRM recovery – PROFILE Blacks Solicitors but will keener shows the legal competition market a thing or mean eviction two about social for high street networking conveyancers? BUSINESS INFORMATION FOR EVERYONE IN PRACTICELEGAL MANAGEMENT PRACTICE MANAGEMENT 1 INDUSTRY VIEWS APRIL 2015 SPONSORED EDITORIAL AT YOUR SERVICE? Nigel Williams at Lexis Visualfiles asks whether your conveyancing system is fit for purpose, how a future of growth will impact how you do business in future – and how to win more clients t would appear that the conveyancing market is computing (whatever that might mean) many finally turning a corner – a much welcome return to suppliers are developing and launching sector-niche growth, following possibly one of the deepest solutions that are quick and cheaper to deploy on the Irecessions in history. Surviving firms now face an face of it. So how does a firm decide what is the best even more demanding customer – one who demands and most cost-effective solution for its business? greater transparency and accessibility to their Firms must carefully evaluate the workflow and case conveyancing transaction in keeping with today’s management systems available – separating and 24x7x365 world where everything is visible and clearly extricating the glitz from the practical reality. immediate and driven by smart technology. Implementing a system is invariably the easy bit – Unsurprisingly, in the dark days of the recession making it appropriate for the long term so that it many firms were forced to cut back on their evolves with the changing (and often expanding) investments, including personnel and systems.
    [Show full text]
  • CONTRACT for DEED by Individual(S)
    (Top 3 inches reserved for recording data) CONTRACT FOR DEED Minnesota Uniform Conveyancing Blanks by Individual(s) Form 30.1.1 (2011) DATE: (month/day/year) THIS CONTRACT FOR DEED (the “Contract”) is made on the above date by (insert name and marital status of each Seller) (“Seller”), and (insert name of each Purchaser) (“Purchaser”). (Check box if joint tenancy.) Seller and Purchaser agree to the following terms: 1. Property Description. Seller hereby sells and Purchaser hereby buys real property in County, Minnesota, described as follows: Check here if all or part of the described real property is Registered (Torrens) together with all hereditaments and appurtenances belonging thereto (the “Property”). Unless otherwise specified, Seller hereby delivers possession of the Property to Purchaser on the date hereof. Check applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: .) I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Page 1 of 6 Page 2 of 6 Minnesota Uniform Conveyancing Blanks Form 30.1.1 2. Title. Seller warrants that title to the Property is, on the date of this Contract, subject only to the following exceptions: (a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of record, if any; (b) Reservation of minerals or mineral rights by the State of Minnesota, if any; (c) Utility and drainage easements which do not interfere with present improvements; (d) Applicable laws, ordinances, and regulations; (e) The lien of real estate taxes and installments of special assessments which are payable by Purchaser pursuant to paragraph 6 of this Contract; and (f) The following liens or encumbrances: 3.
    [Show full text]