DOCSLIB.ORG

WARRANTY DEED Lndividual(S)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
WARRANTY DEED Lndividual(S) (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks lndividual(s) to lndividual(s) Form 10.1.1 (2016) eCRVnum~r. ______________________ DEED TAX DUE: $ _________ DA~: ___________ (roontNdaylyear) FOR VALUABLE CONSIDERATION, _________________________ (insert name atX1 mafilal status of each Grantor) ------------------------------------(·Grantor"), hereby conveys and warrants to _________________________________ Onsert name of each Grantee) ----------------------------------("Grantee"),as D tenants in common, (If more than one Grantee named above and either no box checked or both boxes are checked. (Check only one box.) is is D joint tenants, this conveyance is made to the named Grantees as tenants in common.) real property in----------------County, Minnesota, legally described as follows: Check here if all or part of the described real property is Registered (Torrens) CJ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Page 1 of2 Page2of2 Minnesota Uniform Conveyancing Blanks Fonn 10.1.1 Check applicable box: Grantor Cl The Seller certifies that the Seller does not know of any wells on the described real property. 0 A well disclosure certificate accompanies this document or has (signature) been electronically filed. (If electronically filed, insert WDC number: .. ) [J I am familiar with the property described in this instrument and I (signatum) certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. State of Minnesota, County of ___________ This instrument was acknowledged before me on ____________, by--------------- (rnoniNdaylyear) (UJSelt name atXI marital status of each Grantcx) (Stamp) (signallJie d naarial cttm) Title (and Rank): ---------------- My commission expires: -----------­ (montNdaylyeat) THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS Onseit name atr1 address) INSTRUMENT SHOULD BE SENT TO: (insm legal name atXI resklential 01 OOsiness ackkess d Grantee) Deed Tax: Deed Tax Rate State rate: .0033 ERF Tax1 - Hennepin County and Ramsey County: .0001 Total rate for real property conveyed in Hennepin and Ramsey Counties: .0034 Total rate for real property conveyed in all other Minnesota Counties: .0033 Example: Real Property is sold for $ 200,000 in: Tax Due Hennepin County (Total rate .34%) $ 680 Ramsey County (Total rate .34 %) $ 680 All other 85 Minnesota counties (Total rate .33%) $ 660 Consideration: The value given for making a conveyance of real property. Net Consideration: Consideration less the value of any lien or encumbrance remaining on the property prior to the time of sale and that is not released or satisfied as a result of the sale. An example would be a buyer’s assumption of the seller’s mortgage. Execution and Delivery: Deed tax is due at the time a taxable deed or instrument is presented for recording. Minn. Stat. §287.21(d). Deeds executed or presented prior to July 1, 1999: Tax was imposed on the execution and delivery of the deed and not on the date the document was recorded. For example, a deed executed in 1962 and presented for recording in 1985 would have paid tax based on the tax rate in effect in 1962. Deeds executed and presented on or after July 1, 1999: Tax is imposed and becomes payable at the time the deed is presented for recording. 1 Environmental Response Fund Tax. Minn. Stat. § 383A.80 and Minn. Stat. § 383B.81 Special Taxes Division 651-556-4721 Mail Station 3331 TTY: 711 Minnesota Relay St. Paul Minnesota 55146-3331 An equal opportunity employer (Rev. 07/13) Deed tax—exemptions and minimum tax transfers (651) 556-4721 The following information will help you determine if a deed is exempt from tax or qualifies for the minimum tax of $1.65 ($1.70 in Hennepin and Ramsey counties). The statements provided below in the “Minimum tax” section are optional but can be used by the grantor to state the reason the document qualifies for minimum tax treatment. Either incorporate the statement into the deed or use Form M20 to indicate which statement applies. (In the absence of a qualifying reason, deed tax must be based at least on the fair market value of the property being conveyed. See, for instance, Minn. Stat. § 287.20, subd. 2(g).) Recordable documents transferring real property e. Deed transferring substantially all assets of a corporation pur- that are not deeds for deed tax purposes suant to a reorganization under section 368(a) of IRC. 1. Transfer of real property by court order. The order itself must f. Deed transferring substantially all assets of a partnership result in a change of ownership. pursuant to a continuation under section 708 of IRC. 2. Transfer of real property through a referee’s or sheriff’s certifi- Please Note: All the co-owners must maintain the same owner- cate of sale issued to the purchaser in a mortgage or lien foreclo- ship percentage in the entity holding the transferred real prop- sure sale. erty after the designated transfer as they had before. 3. Transfer of real property through a referee’s, sheriff’s or certifi- In addition, if within six months an ownership interest in the cate holder’s certificate of redemption from a mortgage or lien transferee entity is transferred to some other party or entity, tax foreclosure sale issued to the redeeming mortgagor. is due on the initial transfer. Statement: This deed transfers real property as part of a desig- Exempt deeds, documents nated transfer under Minn. Stat. § 287.21. 1. Deed to or from the federal government of any agency or instru- 2. Deed of real property resulting from the consolidation or merg- mentality thereof. er of two or more corporations, limited liability companies, or 2. Deed between the parties to a marriage dissolution pursuant to partnerships, or any combination of the two. the terms of the dissolution decree. Statement: This deed transfers real property to complete a 3. Deed conveying a cemetery lot or lots. merger/consolidation. 4. Deed by a personal representative distributing the decedent’s 3. Deed gifting real property. property according to the terms of the will or probate court order. Statement: This deed transfers real property as a gift without 5. Deed between co-owners partitioning their undivided interest in conditions, benefits, or rewards. the same piece of property. 4. Deed correcting error (corrective deed). 6. Deed or other instrument of conveyance issued pursuant Statement: This deed was given without added consideration to a permanent school fund land exchange under Minn. and merely corrects an error in a previously recorded deed. Stat. § 92.121 and related laws. 5. Deed transferring property in exchange for less than $500 7. Deed or other instrument which grants, creates, modifies, or of consideration, monetary or otherwise. terminates an easement. Statement: This deed transfers real property in exchange for 8. Deed executed under a Chapter 11 or 12 plan of reorganization. $500 or less of consideration. Chapter 11: §1146(C) Federal Banruptcy Code; Chapter 12: 6. Deed transferring real property to an intermediary as part of an §1231(C). IRC section 1031 exchange and the intermediary’s total docu- mented fee for the transfer is $500 or less. A “full” deed tax will Deeds qualifying for minimum tax be paid when final transfer is made. 1. Deed making a designated transfer (as defined in Minn. Statement: This deed is transferring property to an intermedi- Stat. § 287.20). ary as part of an IRC section 1031 exchange. A “full” deed tax a. Deed between a sole owner and a legal entity owned directly will be paid when the final transfer is made. or indirectly by that sole owner, or between two legal entities 7. Deed written between a principal and agent, and the agent’s owned directly or indirectly by a sole owner. total compensation for the entire transaction, monetary or b. Deed between a husband and wife and a legal entity owned otherwise, is $500 or less. directly or indirectly by that husband and wife, or between Statement: This deed is between a principal and agent for $500 two legal entities owned directly or indirectly by that couple. or less of consideration. c. Deed between co-owners and a legal entity owned directly or indirectly by those co-owners, or between two legal entities owned directly or indirectly by those co-owners. d. Deed between a grantor and a revocable trust created by that grantor, or between revocable trusts created by the same grantor. Special Taxes Division 651-296-0298 Mail Station 3331 TTY: 711 Minnesota Relay St. Paul Minnesota 55146-3331 12/05 An equal opportunity employer (Top 3 inches reserved for recording data) LIMITED WARRANTY DEED Minnesota Uniform Conveyancing Blanks Business Entity to lndividual(s) Form 10.2.7 (2016) eCRV number:----------- DEED TAX DUE: $--------- DATE: ______~~~~----- (monWday/yeafJ FOR VALUABLE CONSIDERATION, _________________________ (msen name of Gtantcx} a _________________ underthe laws of _____________ (.Grantor"), hereby conveys and quitclaims to _______________________________ (msen name of each Grantee} ----------------------------------(·Grantee], as C tenants in common, (If more than one Grantee is named above and either no box is chedced or both boxes are chedced. (Check only one box.) 0 joint tenants, this conveyBIICe is made to the named Grantees as tenants in common.) real property in _________ County, Minnesota, legally described as follows: Check here if all or part of the described real property is Registered (Torr ens) 0 together with all hereditaments and appurtenances belonging thereto. This Deed conveys after-acquired title. Grantor warrants that Grantor has not done or suffered anything to encumber the property, EXCEPT: Page 1 of2 Page2of2 Minnesota Uniform Conveyancing Blanks Form 10.2.7 Check applicable box: Grantor [] The Seller certifies that the Seller does not know of any wells on the described real property.
Load more

Recommended publications
  • Warranty Deed
    This document was prepared by: __________________________ __________________________ __________________________ Warranty Deed WARRANTY DEED, made this _______ day of __________, 20____ by and between _______________________________________________________ of the city of __________and the county of ___________ (“grantor”) and ___________________________________________________ (“grantee”) whose mailing address is ________________________________________________________________ THE GRANTOR, for and in consideration of the sum of ______________ DOLLARS ($_________) the receipt and sufficiency of which is hereby grant, bargain, self and convey unto the grantee his/her heirs and assigns, the following described premises located in the county of ___________, state of ____________, described as follows: Also known as street and number ______________________________________________________ TO HAVE AND TO HOLD the said premises, with its appurtenances unto the said Grantee his/her heirs and assigns forever. Grantors covenant with the Grantee that the Grantors are now seized in fee simple absolute of said premises; that the Grantors have full power to convey the same; that the same is free from all encumbrances excepting those set forth above; that the Grantee shall enjoy the same without any lawful disturbance; that the Grantors will, on demand, execute and deliver to the Grantee, at the expense of the Grantors, any further assurance of the same that may be reasonably required, and, with the exceptions set forth above, that the Grantors warrant to the Grantee and will defend for him/her all the said premises against every person lawfully claiming all or any interest in same, subject to real property taxes accrued by not yet due and payable and any other covenants, conditions, easements, rights of way, laws and restrictions of record.
    [Show full text]
  • 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]
  • Law and Practice
    GLOBAL PRACTICE GUIDEs Definitive global law guides offering comparative analysis from top ranked lawyers USA Regional Real Estate Montana Crowley Fleck PLLP chambersandpartners.com 2018 MONTANA LAW AND PRACTICE: p.3 Contributed by Crowley Fleck PLLP The ‘Law & Practice’ sections provide easily accessible information on navigating the legal system when conducting business in the jurisdic- tion. Leading lawyers explain local law and practice at key transactional stages and for crucial aspects of doing business. LAW AND PRACTICE MONTANA Contributed by Crowley Fleck PLLP Authors: Kevin Heaney, Matthew McLean, Michael Tennant, Alissa Chambers Law and Practice Contributed by Crowley Fleck PLLP CoNTENTS 1. General p.5 4. Planning and Zoning p.11 1.1 Main Substantive Skills p.5 4.1 Legislative and Governmental Controls Applicable 1.2 Most Significant Trends p.5 to Design, Appearance and Method of Construction p.11 1.3 Impact of the New US Tax Law Changes p.6 4.2 Regulatory Authorities p.11 2. Sale and Purchase p.6 4.3 Obtaining Entitlements to Develop a New 2.1 Ownership Structures p.6 Project p.11 2.2 Important Jurisdictional Requirements p.6 4.4 Right of Appeal Against an Authority’s 2.3 Effecting Lawful and Proper Transfer of Title p.6 Decision p.12 2.4 Real Estate Due Diligence p.6 4.5 Agreements with Local or Governmental 2.5 Typical Representations and Warranties for Authorities p.12 Purchase and Sale Agreements p.6 4.6 Enforcement of Restrictions on Development 2.6 Important Areas of Laws for Foreign Investors p.8 and Designated Use p.12 2.7 Soil Pollution and Environmental 5.
    [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]
  • Water Law in Real Estate Transactions
    Denver Bar Association Real Estate Section Luncheon November 6, 2014 Water Law in Real Estate Transactions by Paul Noto, Esq. [email protected] Prior Appropriation Doctrine • Prior Appropriation Doctrine – First in Time, First in Right • Water allocated exclusively based on priority dates • Earliest priorities divert all they need (subject to terms in decree) • Shortages of water are not shared • “Pure” prior appropriation in CO A historical sketch of Colorado water law • Early rejection of the Riparian Doctrine, which holds that landowners adjacent to a stream can make a reasonable use of the water flowing through your land. – This policy was ill-suited to Colorado and would have hindered growth, given that climate and geography necessitate transporting water far from a stream to make land productive. • In 1861 the Territorial Legislature provided that water could be taken from the streams to lands not adjacent to streams. • In 1872, the Colorado Territorial Supreme Court recognized rights of way (easements), citing custom and necessity, through the lands of others for ditches carrying irrigation water to its place of use. Yunker v. Nichols, 1 Colo. 551, 570 (1872) A historical sketch of Colorado water law • In 1876 the Colorado Constitution declared: – “The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided.” Const. of Colo., Art. XVI, Sec. 5. – “The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied.
    [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]
  • Types of Deeds Components of the Deed
    Types of Deeds General Warranty • Warrants title against all defects in title, whether they arose before and after grantor took title. Special Warranty • Warrants title against the grantor’s own acts but not the acts of others. Quitclaim • No warranties. Conveys whatever interest/title that grantor has, which could be nothing. U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. Burke Copyright©2008 Marcilynn A. Burke All rights reserved. Provided for student use only. Components of the Deed • Location of the property • Salutation • Grantor’s name and residence • Consideration, receipt of consideration, and method of payment • Granting grantee the property and grantee residence U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. Burke Copyright©2008 Marcilynn A. Burke All rights reserved. Provided for student use only. 1 Components of the Deed Cont’d • Description of the property • Habendum (to-have-and-to-hold) • Warranty • Any limitation of title or the interest • Execution date and place • Execution • Acknowledgment (notary) U N I V E R S I T Y of H O U S T O N Professor Marcilynn A. Burke Copyright©2008 Marcilynn A. Burke All rights reserved. Provided for student use only. Warranties • Present • Covenant of seisin • Covenant of right to convey • Covenant against encumbrances • Future • Covenant of general warranty • Covenant of quiet enjoyment • Covenant of further assurances U N I V E R S I T Y of H O U S T O N Professor Marcilynn A.
    [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]
  • Chapter 12 Questions Transfer of Title
    Modern Real Estate Practice, 18th Edition Chapter 12 Questions Transfer of Title 1. The title to real estate passes when a valid deed is a. signed and recorded. b. delivered and accepted. c. filed and microfilmed. d. executed and mailed. 2. The primary purpose of a deed is to a. prove ownership. b. transfer title rights. c. give constructive notice. d. prevent adverse possession. 3. A special warranty deed differs from a general warranty deed in that the grantor's covenant in the special warranty deed a. applies only to a definite limited time. b. covers the time back to the original title. c. is implied and is not written in full. d. protects all subsequent owners of the property. 4. The severalty owner of a parcel of land sells it to a buyer. The buyer insists that the owner's wife join in signing the deed. The purpose of obtaining the wife's signature is to a. waive any marital or homestead rights. b. defeat any curtesy rights. c. provide evidence that the owner is married. d. satisfy the parol evidence rule. 5. A third party holds title to property on behalf of someone else through the use of a a. devise. b. quitclaim deed. c. bequest. d. deed in trust. ©2010 Kaplan, Inc. Modern Real Estate Practice, 18th Edition 6. In a real estate transaction, transfer taxes that are due are charged a. to the buyer unless this is forbidden by statute or regulation. b. according to local custom unless the parties are from different jurisdictions. c. to the parties as agreed in the contract of sale.
    [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]