Affidavit of Allodial Title
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Guidance Note
Guidance note The Crown Estate – Escheat All general enquiries regarding escheat should be Burges Salmon LLP represents The Crown Estate in relation addressed in the first instance to property which may be subject to escheat to the Crown by email to escheat.queries@ under common law. This note is a brief explanation of this burges-salmon.com or by complex and arcane aspect of our legal system intended post to Escheats, Burges for the guidance of persons who may be affected by or Salmon LLP, One Glass Wharf, interested in such property. It is not a complete exposition Bristol BS2 0ZX. of the law nor a substitute for legal advice. Basic principles English land law has, since feudal times, vested in the joint tenants upon a trust determine the bankrupt’s interest and been based on a system of tenure. A of land. the trustee’s obligations and liabilities freeholder is not an absolute owner but • Freehold property held subject to a trust. with effect from the date of disclaimer. a“tenant in fee simple” holding, in most The property may then become subject Properties which may be subject to escheat cases, directly from the Sovereign, as lord to escheat. within England, Wales and Northern Ireland paramount of all the land in the realm. fall to be dealt with by Burges Salmon LLP • Disclaimer by liquidator Whenever a “tenancy in fee simple”comes on behalf of The Crown Estate, except for In the case of a company which is being to an end, for whatever reason, the land in properties within the County of Cornwall wound up in England and Wales, the liquidator may, by giving the prescribed question may become subject to escheat or the County Palatine of Lancaster. -
Present Legal Estates in Fee Simple
CHAPTER 3 Present Legal Estates in Fee Simple A. THE ENGLISH LAW T THE beginning of the thirteenth century, when the royal courts of justice were acquiring effective A control of the development of private law, the possible forms of action and their limits were uncertain. It seemed then that a new form of action could be de vised to fit any need which might arise. In the course of that century the courts set themselves to limiting the possible forms of action to a definite list, defining with certainty the scope of permitted actions, and so refusing relief upon states of fact which did not fall within the fixed limits of permitted forms of action. This process, of course, operated to fix and limit the classes of private rights protected by law.101 A parallel process went on with respect to interests in land. At the beginning of the thirteenth century, when alienation of land was becoming possible, it seemed that any sort of interest which ingenuity could devise might be created by apt terms in the transfer creating the interest. Perhaps the form of the gift could create interests of any specified duration, with peculiar rules for descent, with special rights not ordinarily in cident to ownership, or deprived of some of the ordinary incidents of ownership. As in the case of the forms of action, the courts set themselves to limiting the possible interests in land to a definite list, defining with certainty 1o1 Maitland, FoRMS OF ACTION AT CoMMON LAW 51-52 (reprint 1941). 37 38 PERPETUITIES AND OTHER RESTRAINTS the incidents of permitted interests, and refusing to en force provisions of a gift which would add to or subtract from the fixed incidents of the type of interest conveyed. -
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. -
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg Ownership Rights (In Property) 3 Real vs Personal Property 5 . Personal Property 5 . Real Property 6 . Components of Real Property 6 . Subsurface Rights 6 . Air Rights 6 . Improvements 7 . Fixtures 7 The Four Tests of Intention 7 Manner of Attachment 7 Adaptation of the Object 8 Existence of an Agreement 8 Relationships of the Parties 8 Ownership of Plants and Trees 9 Severance 9 Water Rights 9 Appurtenances 10 Interest in Land 11 Estates in Land 11 Allodial System 11 Kinds of Estates 12 Freehold Estates 12 Fee Simple Absolute 12 Defeasible Fee 13 Fee Simple Determinable 13 Fee Simple Subject to Condition Subsequent 14 Fee Simple Subject to Condition Precedent 14 Fee Simple Subject to an Executory Limitation 15 Fee Tail 15 Life Estates 16 Legal Life Estates 17 Homestead Protection 17 Non-Freehold Estates 18 Estates for Years 19 Periodic Estate 19 Estates at Will 19 Estate at Sufferance 19 Common Law and Statutory Law 19 Copyright by Tony Portararo REV. 08-2014 1 REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Types of Ownership 20 Sole Ownership (An Estate in Severalty) 20 Partnerships 21 General Partnerships 21 Limited Partnerships 21 Joint Ventures 22 Syndications 22 Corporations 22 Concurrent Ownership 23 Tenants in Common 23 Joint Tenancy 24 Tenancy by the Entirety 25 Community Property 26 Trusts 26 Real Estate Investment Trusts 27 Intervivos and Testamentary Trusts 27 Land Trust 27 TEST ONE 29 TEST TWO (ANNOTATED) 39 Copyright by Tony Portararo REV. -
Filing a Homestead Declaration with the County Recorder in Your County
Informational FILING A HOMESTEAD Brochure DECLARATION If you own a home, you should consider filing a homestead declaration with the County Recorder in your county. A homestead declaration protects your home from being seized and sold in the event that a money judgment is entered against you by a court. What kind of properties may be declared as a homestead? These types of property may be homesteaded: Land with a dwelling house on it plus appurtenances (fixtures and buildings). A mobile home, whether or not the mobile homeowner owns the land on which it sits. A condominium unit. Who can decide to declare a homestead? A single person or, in the case of a married couple, either or both spouses. If someone obtains a money judgment from a court against me, how will a homestead declaration protect my home? For most judgments against you, a homestead declaration protects the first $605,000 of equity you have in your home. If you have less than $605,000 equity in your home and the judgment is not of the type listed below, your home will not be sold to satisfy a judgment. If your equity exceeds $605,000, the property (or a portion of it, if a court determines it can be divided) may be sold, but you are entitled to keep the first $605,000. If allodial title has been established, the exemption extends to all equity in the land, dwelling and appurtenances. A homestead declaration will not prevent your home from being sold to pay a judgment for: Taxes. A mortgage, trust deed or other loan arrangement used to purchase or refinance your property or improvements to your property. -
As a Texian National You Will Be Identified with a Sovereign Entity (Herein After), the Republic of Texas
1. IDENTIFICATION – As a Texian National you will be identified with a sovereign entity (herein after), the Republic of Texas. A Texian National will not be a Citizen of the State of Texas, a United States Citizen or an American Citizen. Just as one born or naturalized in Norway would be a Norwegian National, one born or naturalized in the Republic of Texas will be a National of the sovereign Texas Republic. Texian Nationals will not be subjects of any other government. 2. TAXATION – As a Texian National you will not be subject to comply with any tax of the State of Texas or parts of the States of Oklahoma, Kansas, New Mexico, Colorado, and Wyoming, or the United States. Texian Nationals will not be required to pay enforcers Federal Income Tax, Social Security, or FICA. IRS, Federal taxes including those limited to basics such as national defense, highway, police or courts. The people’s Government will operate only from importexport fees and Chartered Corporate fees. 3. LAND OWNERSHIP – As a Texian National you will have the ability to reclaim the land that you live on through a land patent and the possibility of owning your land outright (allodial title) exists. 4. ENERGY – As a Texian National you will be free to use and develop any energy system technologically available. Texian Nationals will be free to pursue and use renewable and free energy options. 5. MEDICINE – As a Texian National you will be free to pursue any remedy available to cure or relieve symptoms related to your body. Vaccines will not be forced upon Texian Nationals. -
Real & Personal Property
CHAPTER 5 Real Property and Personal Property CHRIS MARES (Appleton, Wsconsn) hen you describe property in legal terms, there are two types of property. The two types of property Ware known as real property and personal property. Real property is generally described as land and buildings. These are things that are immovable. You are not able to just pick them up and take them with you as you travel. The definition of real property includes the land, improvements on the land, the surface, whatever is beneath the surface, and the area above the surface. Improvements are such things as buildings, houses, and structures. These are more permanent things. The surface includes landscape, shrubs, trees, and plantings. Whatever is beneath the surface includes the soil, along with any minerals, oil, gas, and gold that may be in the soil. The area above the surface is the air and sky above the land. In short, the definition of real property includes the earth, sky, and the structures upon the land. In addition, real property includes ownership or rights you may have for easements and right-of-ways. This may be for a driveway shared between you and your neighbor. It may be the right to travel over a part of another person’s land to get to your property. Another example may be where you and your neighbor share a well to provide water to each of your individual homes. Your real property has a formal title which represents and reflects your ownership of the real property. The title ownership may be in the form of a warranty deed, quit claim deed, title insurance policy, or an abstract of title. -
The Doctrine of Tenure in Australia Post-Mabo: Replacing the 'Feudal Fiction'
The doctrine of tenure in Australia post-Mabo: Replacing the ‘feudal fiction’ with the ‘mere radical title fiction’ — Part 2 Dr Ulla Secher* Until the decision of the High Court in Mabo, the universal acceptance and application of the English doctrine of tenure in Australia led to the view that all titles, rights and interests in land had to be the direct consequence of some grant of the Crown. In Mabo, however, six justices of the High Court agreed that the common law, as it had been previously understood, should be changed to recognise native title rights to land; rights which do not derive from a Crown grant. The common law device adopted by the High Court to effect this change, and thereby reconcile the doctrine of tenure and native title when the Crown acquired sovereignty of Australia, was ‘radical title’. This two-part article examines how the Mabo High Court redefined the English doctrine of tenure, or, more accurately, defined the Australian doctrine of tenure, by developing the concept of radical title. It will be seen that in order to achieve this redefinition, the court had to clarify two interrelated aspects of the common law: the applicability of the English (feudal) doctrine of tenure in Australia and the legal effect of the classification of Australia as settled. Part 1 lays the foundation for this analysis by examining the genesis of the doctrine of tenure in pre-Conquest England and the pre-Mabo effect of the colonisation of Australia and the reception of English land. The question posed in Part 2 is twofold: first, how and why the Australian doctrine of tenure, with radical title as its postulate, diverges from the doctrine of tenure in English land law. -
SECTION 1.0 Summary of California Water Rights
SECTION 1.0 Summary of California Water Rights 1.1 Types of Water Rights In California, the different types of water rights include: 1.1.1 Prescriptive Water use rights gained by trespass or unauthorized taking that ripen into a title, on a par with rights to land gained through adverse possession.1 1.1.2 Pueblo A water right possessed by a municipality that, as a successor of a Spanish-law pueblo, is entitled to the beneficial use of all needed, naturally occurring surface and groundwater of the original pueblo watershed.2 1.1.3 Groundwater The Dictionary of Real Estate Appraisal, defines groundwater as “all water that has seeped down beneath the surface of the ground or into the subsoil; water from springs or wells.”3 This is an adequate working definition if the “springs or” is eliminated because once water issues out of a spring it becomes surface water, not groundwater. As is also indicated in the following text, it is not water flowing in an underground channel. Groundwater should be thought of as the water that occupies the space between soil particles beneath the surface of the land. Groundwater is extracted exclusively by means of wells. Whenever groundwater reaches the surface in a natural manner, whether through springs or seepage into a surface water stream channel or lake, it ceases to be groundwater and becomes surface water. The jurisdiction of the SWRCB [State Water Resources Control Board] to issue permits and licenses for appropriation of underground water is limited by section 1200 of the California Water Code to “subterranean streams flowing through known and definite channels.” If use of underground water on nonoverlying land is proposed and the source of the water is a subterranean stream flowing in a known and definite channel, an application pursuant to the California Water Code is required. -
OP-236 Hartford CT 06102-5035 Connecticut Real Estate Conveyance Tax Return (Rev
Department of Revenue Services State of Connecticut PO Box 5035 OP-236 Hartford CT 06102-5035 Connecticut Real Estate Conveyance Tax Return (Rev. 04/17) Town Code Land Record OP236 0417W 01 9999 For Town Clerk Use Vol. Pg. Complete Form OP-236 in blue or black ink only. Only 1. Town 2. Location of property conveyed (number and street) Amended return 3. Are there more than two grantors/sellers? Yes If Yes, attach OP-236 Schedule A - Grantors, Supplemental Information for Real Estate Conveyance Tax Return. 4. Grantor/seller #1 (last name, first name, middle initial) Taxpayer Identification Number FEIN SSN Grantor/seller address (street and number) after conveyance City/town State ZIP code - 5. Grantor/seller #2 (last name, first name, middle initial) Taxpayer Identification Number FEIN SSN Grantor/seller address (street and number) after conveyance City/town State ZIP code - 6. Is the grantor a partnership, S corporation, LLC, estate, or trust? s Ye 7. Was more than one deed filed with this conveyance? Yes If Yes, attach OP-236 Schedule A - Grantors 8. If this conveyance is for no consideration or less than Federal only State only Both fed. & state None adequate consideration, which gift tax returns will be filed? 9. Is there more than one grantee/buyer or, is the grantee a partnership, S corporation, LLC, estate, or trust? Yes If Yes, attach OP-236 Schedule B - Grantees, Supplemental Information for Real Estate Conveyance Tax Return. 10. Grantee/buyer (last name, first name, middle initial) Taxpayer Identification Number FEIN SSN Grantee/buyer address (street and number) after conveyance City/town State ZIP code - 11. -
WHAT IS a LIEN? Your House Or Land
collect on the lien that was placed on I AM NO LONGER ON after debts are paid, any remaining WHAT IS A LIEN? your house or land. ASSISTANCE. HOW CAN I GET assets go to the proper people. RID OF THE LIEN ON MY This means that money from the sale For assets passing outside the probate goes to the State to pay off the OAA, PROPERTY? A lien is a document filed with the county process, the surviving owners or ANB, MEAD, or APTD assistance you beneficiaries will be sent a notice of the registry of deeds which alerts anyone received. You can make a voluntary payment to who wants to buy your house or land that the State in an amount equal to the Department’s claim. you have a debt against the property WHAT IF I OWN MY PROPERTY assistance provided. Upon receipt of the which must be paid when the home is WITH OTHER PEOPLE? payment, the State will remove the lien. WILL THE STATE FILE A sold or refinanced. CLAIM AGAINST MY ESTATE? If you receive OAA, ANB, or APTD cash Even if you no longer receive assistance, assistance and the property is jointly the State will only act upon the lien if you When probate is started for someone WILL THE STATE FILE sell or refinance your property, or die. owned with your spouse, when the who received OAA, ANB, MEAD, or A LIEN ON MY HOUSE? property is sold or refinanced the State APTD cash or medical assistance, the will collect on the full amount of the lien, WHAT IS AN ESTATE CLAIM? State may file a claim against the estate If you receive OAA, ANB, or APTD cash if the money from the sale is enough to for repayment of the assistance received. -
In Defense of the Fee Simple Katrina M
Notre Dame Law Review Volume 93 | Issue 1 Article 1 11-2017 In Defense of the Fee Simple Katrina M. Wyman New York University School of Law Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Property Law and Real Estate Commons Recommended Citation 93 Notre Dame L. Rev. 1 (2017) This Article is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized editor of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDL\93-1\NDL101.txt unknown Seq: 1 15-NOV-17 13:44 ARTICLES IN DEFENSE OF THE FEE SIMPLE Katrina M. Wyman* Prominent economically oriented legal academics are currently arguing that the fee simple, the dominant form of private landownership in the United States, is an inefficient way for society to allocate land. They maintain that the fee simple blocks transfers of land to higher value uses because it provides property owners with a perpetual monopoly. The critics propose that landown- ership be reformulated to enable private actors to forcibly purchase land from other private own- ers, similar to the way that governments can expropriate land for public uses using eminent domain. While recognizing the significance of the critique, this Article takes issue with it and defends the fee simple. The Article makes two main points in defense of the fee simple. First, addressing the critique on its own economic terms, the Article argues that the critics have not established that there is a robust economic argument for dispensing with the fee simple.