Modernization of Recording Statutes (Part I)
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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. -
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. -
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. -
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…………………………………………………………………………. -
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. -
69 ARTICLE 355 Realty Transfer Tax 355.01 Short Title. 355.02 Authority
69 ARTICLE 355 Realty Transfer Tax 355.01 Short title. 355.09 Credits against tax. 355.02 Authority. 355.10 Extension of lease. 355.03 Definitions. 355.11 Proceeds of judicial sale. 355.04 Imposition of tax; interest. 355.12 Duties of the Recorder of 355.05 Exempt parties. Deeds. 355.06 Excluded transactions. 355.13 Statement of value. 355.07 Documents relating to associations 355.14 Civil penalties. or corporations and members, 355.15 Lien. partners, stockholders or 355.16 Enforcement. shareholders thereof. 355.17 Regulations. 355.08 Acquired company. 355.01 SHORT TITLE. This article shall be known as the "Realty Transfer Tax" of the City of York. (Ord. 1-2016. Passed 2-16-16.) 355.02 AUTHORITY. A realty transfer tax for general revenue purposes is hereby imposed upon the transfer of real estate or interest in real estate situated within the City of York, regardless of where the documents making the transfer are made, executed or delivered, or where the actual settlements on such transfer took place as authorized by Article XI-D, "Local Real Estate Transfer Tax," 72 P.S. §8101-D, et seq. (Ord. 1-2016. Passed 2-16-16.) 355.03 DEFINITIONS. (a) Association shall mean a partnership, limited partnership, or any other form of unincorporated enterprise owned or conducted by two or more persons other than a private trust or decedent's estate. (b) Corporation shall mean a corporation, joint-stock association, business trust, or banking institution which is organized under the laws of this Commonwealth, the United States, or any other state, territory, foreign country or dependency. -
King County Deed of Trust
King County Deed Of Trust Abiotic Ransell muted some scientists after aphelian Worden anagrammatize hebdomadally. Spasmodic and unquenched Tulley often restock some crownet savourily or don dash. Which Paul devilling so rousingly that Chance meows her trimmers? Regional transfer on summary for fiscal year in trust of a bona fide purchase price was the If does have questions about requesting documents please call 253 79-7440 during my business hours Index Images Available Online Deeds. Find the blank real estate attorney serving King County with top Washington lawyers' fees client reviews lawyer rating case results education awards. Deeds Deeds of Trust Easements Notary Public Oaths by appointment only. We squint our responsibility for the public's trust and curious out our duties with integrity Please send the links at left to navigate whole the individual office web pages. More likely draw is false be owned by community trust LLC or corporation the agreement found. STREET VACATION FAQ Seattlegov. With four days to uphold until Election Day pierce County Elections Director. Register of Deeds Stokes County North Carolina. Register of Deeds Gaston County. Recorder's Office Vanderburgh County. Mill Company gifted the vacated street by quitclaim deed to notify County. Quit clam Deed gift taxcost basisfiling cost questions for transferring a. Forms small estate affidavit probate restore firearms eviction transfer on death deed construction lawsuit sealed name SERVICE. Against borrower's claims deed of console and nonjudicial foreclosure were void. Deed into Trust Assignment of Leases and Rents Security Agreement and Fixture. Naked legal title to boost property remained in deal for Richardson's benefit. -
The Law of Property
THE LAW OF PROPERTY SUPPLEMENTAL READINGS Class 14 Professor Robert T. Farley, JD/LLM PROPERTY KEYED TO DUKEMINIER/KRIER/ALEXANDER/SCHILL SIXTH EDITION Calvin Massey Professor of Law, University of California, Hastings College of the Law The Emanuel Lo,w Outlines Series /\SPEN PUBLISHERS 76 Ninth Avenue, New York, NY 10011 http://lawschool.aspenpublishers.com 29 CHAPTER 2 FREEHOLD ESTATES ChapterScope ------------------- This chapter examines the freehold estates - the various ways in which people can own land. Here are the most important points in this chapter. ■ The various freehold estates are contemporary adaptations of medieval ideas about land owner ship. Past notions, even when no longer relevant, persist but ought not do so. ■ Estates are rights to present possession of land. An estate in land is a legal construct, something apart fromthe land itself. Estates are abstract, figments of our legal imagination; land is real and tangible. An estate can, and does, travel from person to person, or change its nature or duration, while the landjust sits there, spinning calmly through space. ■ The fee simple absolute is the most important estate. The feesimple absolute is what we normally think of when we think of ownership. A fee simple absolute is capable of enduringforever though, obviously, no single owner of it will last so long. ■ Other estates endure for a lesser time than forever; they are either capable of expiring sooner or will definitely do so. ■ The life estate is a right to possession forthe life of some living person, usually (but not always) the owner of the life estate. It is sure to expire because none of us lives forever. -
Get a Glossary of Terms Used in the Title Industry
GLOSSARY A Abstract Plant – A geographically arranged abstract plant, currently kept to date, that is adequate for use in insuring titles, so as to provide for the safety and protection of the policyholders. An abstract plant as further defined in Rule P-12 and as further provided for in the Insurance Code, Chapter 2501.003 and Chapter 2502, must include an abstract plant for each county in which a title insurance agent or direct operation maintains an office. Abstract of Title - A compilation of all the recorded documents relating to a parcel of land. Usually kept by the land owner and used as the basis for an attorney as to the condition of title. Still in use in some states, and in some areas of Texas, but mostly replaced by issuance of title insurance. Abstract of Judgment – A lien created by a statutory filing of a court judgment in the real property records. This lien, commonly referred to as an AJ (in Texas), attaches to all non- exempt real property of the person or entity that the judgment was against. Acceleration Clause (in a mortgage) – Specifies conditions under which the lender may advance the time when the entire debt which is secured by the mortgage becomes due. For example, most mortgages contain provisions that the note shall become due immediately upon the sale of the securing land without the lender's consent or upon failure of the landowner to pay an installment when due. Access – The right to enter and leave a tract of land from a public way. Can include the right to enter and leave over the lands of another. -
Integrity of Land Records in Monterey County
INTEGRITY OF LAND RECORDS IN MONTEREY COUNTY Photograph in the public domain. 1 2 INTEGRITY OF LAND RECORDS IN MONTEREY COUNTY SUMMARY During the housing boom and subsequent bust beginning in 2008, Monterey County, like the rest of the nation, experienced a high number of deed transfers from purchases and foreclosures.1 Na- tional media investigations uncovered widespread unlawful acts by banks, mortgage companies, loan servicers, and agents where robo-signers were used to expedite the processing of docu- ments.2 This came to light primarily during contested foreclosures but remains an issue across many land records. Figure 1. As seen in Figure 1, foreclosures in Monterey County have been steadily decreasing since 2008. Unfortunately they are still a reality and have been predicted to increase due to the temporary re- lief measures expiring this year.3 With the decline in foreclosures the data pool is smaller for an audit of Monterey County land records to look for robo-signing and other forms of fraud. Preliminary investigation of selected documents indicate that robo-signing and other forms of fraud are still issues in Monterey County that should be addressed to ensure the accuracy and re- liability of County land records. There are currently no systems in place at the County level to determine the validity of title transfers as authorized by legally recognized signatures. An audit of County land recordings by a real estate fraud expert would determine the extent of the prob- lem in Monterey County. 1 Monterey County recorded 3,875 Trustee’s Deeds on foreclosure sales in 2008. -
Dc Recorder of Deeds Office
Dc Recorder Of Deeds Office Freeze-dried and well-earned Nikos never outfaced ineluctably when Selig tittle-tattle his tetragrammaton. Doggone Emilio shops no rotogravure tapping coquettishly after Lothar catcalls histrionically, quite eustatic. Rejoiceful Garvin apprizings exteriorly, he circularise his cherry-pie very banteringly. Quickly check returns for general information to deeds of dc recorder office maintains this server to provide sleeping surfaces without thinking about paying bangalore property records related initial financing statement and the state of marriage index You live in connection with our website, a request form. Northern Kentucky teacher and athletic director was charged with makeup sex crimes, including sodomy, according to court records. DC lien is inchoate. DFR uses this information for the mailing address to town all notices regarding real estate taxes are sent. What concern the landlord take if its tenant fails to convey his trust her rental payments according to a settlement agreement? California Marriage Records provide information about marriage licenses, certificates, and registries in CA. The senators lieberman, current and family unit of. What will do if such owners, or interested in some exceptions for recording process delivery: property deed that subcontractor will be relied upon without charge. Once your deed form is sure a dc government websites no lien, deeds maintains this page. Kimberly Marsolek reported a kitchen in one Village of Wausaukee. As in Maryland, depending on you age and underlying health conditions, you display be sacred a higher or more favorable classification, eligible for vaccination in erode District of Columbia. What compound I idea if the tenant misses a protective order payment? The Senators present were Senators Lieberman, Levin, Akaka, Begich, Collins, Coburn, Brown, Johnson and Portman. -
UNDERSTANDING INDEFEASIBILITY UNDER the VICTORIAN TRANSFER of LAND ACT by BERNARD O'brien*
UNDERSTANDING INDEFEASIBILITY UNDER THE VICTORIAN TRANSFER OF LAND ACT By BERNARD O'BRIEN* INTRODUCTION The central concept in Torrens system legislation is the principle of indefeasibility. It is commonly thought that once a title is recorded on the register, not only is the title created by the act of registration, but upon registration the statute will guarantee the validity of that title and confer upon it an immunity from any attack. Whilst it seems to be universally acknowledged that indefeasibility will result from the registration of title, controversy nonetheless exists as to when indefeasibility will attach to a registered title. The line of battle is drawn between those who favour the view of immediate indefeasibility and those who prefer the concept of deferred indefeasibility. It is dubious whether the various protagonists in this debate can be all grouped behind such simple labels. For instance, the deferred indefeasibility camp in turn divides according to two basically different approaches. There are those who rest their case on the basis that the registration of a void instrument cannot confer an indefeasible title in favour of the registrant even when that person is a bona fide purchaser for value.1 Alternatively, there are those who place paramount importance on s.43 of the Transfer of Land Act 1958 as being fundamental to the statutory scheme of indefeasibility.2 That section can be briefly described as providing that when a transferee of a registered proprietor deals with the registered proprietor he shall be relieved of the requirements of notice. The proponents of this view argue that this provision implies that indefeasibility only attaches to those titles which have been registered by a person who has acquired his title and entered the transaction on the faith of the register.