The Declaration of Covenants, Conditions, and Restrictions (CC and Rs) is a legal document that is filed with the county recorder’s office and part of the official real estate records. It covers the rights and obligations of the homeowners association to its property. Most HOA documents are public record, including governing documents.
A deed is a written document that transfers real estate from one owner to another. It describes the property being transferred and names all parties involved in the transaction. A deed is a physical legal document that shows title ownership, while title is a right of ownership. Property deeds are the legal documents used to transfer property ownership from one person to another.
Recording documents on real estate transactions, such as deeds, mortgages, easements, and taxes, help ensure proper title transfer and ownership. A signed deed with your name on it is the clearest proof of home ownership. If you don’t have your copy, you can typically get one from the county recorder’s office.
In summary, the Declaration of Covenants, Conditions, and Restrictions (CC and Rs) is a legally binding document that is filed with the county recorder’s office and made part of the official real estate records. It is crucial for the chain of title and ownership of a property to be traceable.
📹 Title vs. Deed: Don’t Get These Legal Concepts Confused!
Do you know the difference? If you’re new to the world of real estate, you may have come across the terms “title” and “deed” and …
How to find a property owner in Canada?
The land register is a crucial tool for identifying the true owner of land or buildings in Quebec. It can be accessed online using the property’s lot number, which can be found on the government website Info-lot (French only). For more information on how to search, visit the land register’s website (French only). Municipal evaluation rolls and tax bills may not always provide up-to-date information.
What is proof of ownership of a house in Ontario?
In the Canadian province of Ontario, a deed is a legal instrument that is required for the sale of residential property. During the purchase process, the seller transfers ownership rights to the buyer through the execution of the deed.
What is document title property?
The document title property establishes the current document title, which may be either a string or the specified title within the element. In the event that the title has been overridden, it will assume the default value. The assignment of the document title has an impact on the return value, the title displayed in the title bar, and the Document Object Model (DOM) of the document, including the content of an HTML element.
What is a statement of ownership in Texas?
The Texas Department of Housing and Community Affairs (TDHCA) maintains official state records called Statements of Ownership (SO) for homes, including ownership, location, lien status, and status as real or personal property. The SO must be updated when selling or transferring ownership or moving the home. To apply for a SO on a manufactured home, a statement from the Tax Assessors-Collector for the county on January 1st must be submitted, indicating no prior taxes due and estimated taxes for the upcoming year held in escrow. Manufactured home inquiries are only made at the Georgetown location.
Is property ownership public record in Texas?
In Texas, county clerks maintain detailed property records, including deeds, trust deeds, notices, liens, easements, powers of attorney, oil and gas leases, plats, and releases. While some records can be accessed online, for a comprehensive search, it is best to visit the appropriate county clerk’s office in person. While conducting a title search on your own may be possible for properties with only one or two ownership changes, understanding the various records and documents related to a property’s history can be overwhelming and difficult for the layperson.
What is a title search in Ontario?
A title search in Ontario involves retrieving and examining Land Title records to confirm legal ownership, description, claims, liens, charges, and encumbrances on real property. This process is required for any real estate transaction. An instrument search examines a single instrument from the title search records, such as land transfer, mortgage, caution, notice, certificate of pending litigation, designation of spousal interest, and liens. The first step is to conduct a title search from Land Titles Ontario. Land title searches can be done online within minutes, with a minimum of 24 hours required during weekdays.
What is an example of a deed?
A warranty deed is a common type of deed that guarantees the grantor has full legal rights to sell the property without any liens or other encumbrances. This indicates that the property has been thoroughly researched and that the grantor has the authority to sell it.
What are the two types of document properties?
Document properties are two types: predefined and custom. Predefined properties are metadata fields stored in various file formats, like the Primary author of the input document. The Add Document Property page allows users to add or remove these properties. The availability of predefined properties depends on the input file format and whether the author provided this information. Custom properties, defined by the author, can be used to insert text and HTML markup into output files. The Add Document Property page is a useful tool for managing document properties.
What is documentation property?
Document properties, also referred to as metadata, are details about a file that describe or identify it. These details include the document’s title, author name, subject, and keywords. They facilitate the organization and identification of files, enable the search for documents based on properties, and can be incorporated into documents. Document properties can be classified into four distinct categories.
What is the most common form of real property ownership?
Fee simple is the most common type of real estate ownership interest, which can be jointly owned by one person or several people. It allows the owner to sell the property, leave it to heirs, and make alterations. This type of ownership can be listed on a deed as the owners, whether they own the property as joint tenants, tenants in common, or tenants by the entirety.
Life estate is the right to possess and use property only during one’s lifetime, not to sell, give away, or leave it to someone when one dies. This type of ownership is created when the sole owner wants a surviving spouse to live on the property for the rest of their life but then pass it to the owner’s children. Surviving spouses who are beneficiaries of AB, spousal, or marital bypass trusts also have life estates.
Other important real property terms include AB, spousal, or marital bypass trusts, which may be used depending on the circumstances.
How do I prove ownership of a house in Texas?
A Deed is a written proof of title transfer, serving as the new owner’s evidence of ownership. Signing the Deed signifies the transfer of the title, and the original owner no longer owns the title. Other examples of evidence of title include court orders, divorce decrees, or probate orders in estate proceedings. In real estate, a Deed legally “evidences” title or ownership to the property.
📹 The Recording of Real Property Documents
This video highlights the necessary steps and requirements for filing a Real Property Document in the court system. It is narrated …
My wife and I decided to transfer our assets into a trust years ago. The lawyer who handled our trust told us to use a quit claim deed to transfer our house into the trust. We later learned that this was not the best way to do that. Over the years I have found that just because a person has passed the bar, that doesn’t guarantee that they are good at their job.
CAUTION ! I am a Professional Land Surveyor (CA) and have dealt with title reports & title companies extensively for 45 years…..something has changed with these companies in the last 15 yrs (out here in California). Perhaps because California is such a sue happy State? But read the fine print (which takes ups the last 8 pages of any title report) and it endlessly lists everything they ‘claim’ they are not liable for (including many types of errors in their research, or lack thereof). We have found the quality and reliability of many of these companies taking a drastic downturn. More common – is now the title company will hire a Land Surveyor to do an ‘Alta Survey’ and base their report on this ‘Alta Survey’ so as to stick the Land Surveyor with the liability for any errors regarding title, encumbrances, easements etc. Find a title company with a solid reputation and don’t automatically go with whomever the real estate agent uses out of habit.
Great article…our home is a mobile home, and we only get a title for it, but we have a deed for our land. An advantage to this is the property taxes on the home are low because it’s taxed as PP instead of RP. We essentially live in a manufactured rancher that’s taxed at the rate of a fancy camper, less than $300/year. I can’t complain!
I am a CPA who gets involved in that I record the transactions on the financial records. We purchased property that we found was not owned by the party we purchased it from. We went to the title company who admitted they only do a surface review. They had little confidence in their own process. However, they reimbursed us for our loss. They said they do thousands where there are no problems. It is not cost effective to do a detailed, exhaustive search. They just pay out the claim when failures occur.
@1:20, Title refers to owning all the bundle of sticks ( interest). A better explanation as to what is a deed: a deed is a written document that spells out the what, who, and how the real estate interest is conveyed— (what ) bundle of sticks; (who ) is the person owning the bundle of sticks), (how ) that bundle of sticks is owned.
If a mortgage loan is obtained for the property purchase, there will be a deed of trust that will be recorded. This is a security interest that states that the buyer will repay the loan and the mortgage lender will hold the title to the property until the loan is paid in full. Upon the final payment of the mortgage, the buyer will get a release document saying the property is paid in full and the title and deed, which will be recorded with the Register of Deeds.
Those are the laws and regulations to make lawyers happy. I bought properties in Thailand and in Thailand you don’t need a lawyer or any other blood sucker. There is the Land Department, a government body, which registers all legal matters about the property. Everything is done on the spot and doesn’t take more than an hour. The Land Department issue a title deed and the property is yours. Guaranteed by the government.
A girlfriend of mine is the administrator of an estate and a beneficiary of the real property of this estate. The Will required the administrator to correct any environmental problems or perceived problems found on the property. Funds of the estate were expended to do this, although she did not have a deed. The Orphans Court ordered her to pay the money back to the estate, claiming it was her property, and that she had to take the property as it was at the time of death (an environmental disaster) although the probate has not been completed and cannot be finished until she receives a final tax return of the deceased.
QUESTION: IF THE MORTGAGE WAS TAKING OUT ON A NEW HOME BY MOTHER & SON BUT THE DEED WAS WRITTEN AND SIGNED AS WIFE & HUSBAND. IS THIS A VALID DEED? NOT ONLY THAT, FAMILY BECAME AWARE AFTER SIGNING DEED THAT THE MOTHER HAD DEMEMTIA WHEN SHE SIGNED THE MORTGAGE AND DEED, AND THE SON WAS ALREADY ON SOCIAL SECURITY FOR BEING MENTALLY DISABLED. THE MOTHER DIED RECENTLY AND THE SON GETS THE HOUSE AS HER SURVIVING SPOUSE. IS THE DEED VALID?
What about the “Deed of Trust”. The home I live in now was originally owned by my sister. For whatever reason she gave it to our mother under a Deed of Trust which only gave my mother the right to live here until she and my father had died. She had moved to another city and bought another house. That’s the way I understood it anyway and I still have a copy of it. It turned out that my sister needed to buy a house in another town and I purchased this house from her long before my mother died who continued to live here until she passed back in 2004. So, under the Deed of Trust, my parents were not allowed to encumber the house with any loans or make changes to it while they lived here. It really was not a good idea unless you are a VERY wealthy person to give your house over this way. Frankly, it was a nightmare and I don’t ever recommend anyone doing it.
As a Traditional Catholic I get the difference. It is a matter of form versus material. Form is the spiritual/non-physical aspect (Title) and the Material is the physical (Deed). In the sacraments the intent and other aspects are the Form whereas the Material are things like water, bread and oil. Thanks for explaining:+) God bless~
I came back here to say…FOR IRONLAND!!! Please support us! 🗜️(Pretend this is an iron emoji because I thought there was but cant find it) PS: great article! ❤ PPS: sorry us residents of Ironland are flooding your old article’s comment sections. We just really need your help to make it legally our place! 🙏🏻
Taking ownership a step further, if someone owns a property ‘in fee simple’ how can they then be expropriated? My guess is that true ownership of a defined parcel of land resides with the crown to whom it is registered, just like a vehicle or anything else registered with the crown. What the owner of any title has when all encumbrances are removed from the title is merely equity interest but not true “Ownership.” Comment please.
I liked this one. It was informative. What I would like to know is how can a business that previously owned the property Deed the property so that a competing business can’t use that building or property for the same kind of business I,e, grocery store. Right now in Waco,TX a grocery store put a Deed on a property that they never owned so that a competitor couldn’t build on that property. I don’t know if they bought it just long enough to put a Deed on it and then sold it. Some of the buildings on the property had been there since WW2 and were still in use.
Not exactly true when she says, “once you have the title no one can tell you what to do with the property.” That is the point where all types of organizations start telling you what you can’t do with the property! You can’t start a salvage yard for example without getting the approval of local zoning commissions, Department of Natural Resources approval for land, water and air uses, and too many others to list. If it is urban the city will tell you how close your house can be built to your neighbors, in some locations if it is to be single or multi story (airport flight paths controlled by the federal government or covenants imposed by previous owners), or if you can build at all (in a flood plain), and that list goes on and on, and If you are a dairy farmer in Wisconsin the state will even tell you how many cows you can have!
His Majesty Charles the Third owns every square millimeter of land here in Canada. He grants you a lease to your property. If that lease is 50 years or more, then it is in the form of a deed. A deed: unlike a lease/ is something you may sell, trade or pass on to your heirs and successors. For the benefit of my American readers, His Majesty also owns every square inch of land in the USA. However, you don’t refer to that concept as His Majesty. You call it “The Right of Imminent Domain”
Do not pass GO, do not collect $200.00! Yes, Title & Deed are not the same! Title SPLITS ownership and can distribute the “sticks” with OTHER parties! Slaves (Tax Payers) can not own property! If you are paying Property Tax, you are not the owner of the property, the State you pay Taxes to is the OWNER! You are Tenant! If you doubt me, Stop paying Property Tax and see who will take the property from you!
You mentioned title in “fee simple absolute”. Almost no one has this form of ownership. BECAUSE, if you do, your property is NOT taxable. I personally know of one such piece of property in Morgantown, WV. The city is very unhappy about not being able to tax a piece of property valued at a little over 2 million dollars.
Now you talk about all this really makes me question. Title theft, they would have none of these…. It would be very easy to prove they were fraudulent and fake…… Where is the title Insurance policy?…. Where’s their title search Record?.. Where’s there? Warranty, deed?….. I really don’t believe in title theft insurance. I think scam.
Ooops….”nobody can really tell you what to do with you property” when you have the title in fee simple…1:02. Really? Eminent domain comes to mind, paying property tax comes to mind, various easements are possible, zoning can be changed….to name a few that are top of mind. You are a lawyer? Ummmm….either clean up your precision and accuracy or it won’t take a crystal ball to see many problems ahead. I took the time to write this out because you seem well intentioned but a bit too, maybe inexperienced? I have seen more people than I care to remember hold on to such a simple statement from someone seen as an expert and cause years of problems. Very innocently. Solution…pull the article and edit it. Then either start reviewing all prior uploads or pull them and start over. Seriously. If you are earning even referrals from the website you are …..putting a lot at risk. I won’t be more specific. You should be able to figure it out.
What the lady presenting failed to mention there is a separation of interests inland under English law and the fact that in the principle law all land is held in right of anorher …with ultimate escheat to the crown . ( Even USA!). There are two apecies of fee simple absolute one a beneficial equitable title and the superior legal common law one technically termed fee ‘simple absolute in own demesne as of fee’ . This latter one is the foundational English law highest and largest estate a subject can hold. There is no allodial title in English law and ever individual is a ‘tenant” capacity and specifically a ‘tenant for life’ when identifying as a citizen and holding a fee simple under government pursuant to he law of property act 1925. Equitable titles are notice of a trust as they are derived or created out of the original common law titles ie a split with the common law title heldnin the common law and the equitable title granted as a USE to land in equity. The equitable titles the people the friits and profits of the land ….but never the superior controlling holdership/ ownership qhichnisnheldnin a strict hierarchical common law land holding system …perfected and settled at the Bill of Rights 1688 and formation of the constitutional monarchy.. references Blackstone commentaries on the laws of England.. Also ‘Seisin of the Freehold’ Joshua Williams 1880 my teacher can be searched in yt land ‘Nyceim Sui Juris’ 😊
? and if the property of land is butted up alongside with National Park land or BLM land is that a good thing when buying or bad thing when buying? I know if U. Sam wants your property all it needs is to declare eminent domain and take it from a person. But is it more at-risk being property next to Gov. lands?
So when was the last time a deed was actually conveyed? Anyone? Since the BLM stopped issuing deeds decades ago. What your getting is a title transfer of ownership. Or essentially a registration with the government of your right of occupancy. You do not own the land with a title. You are permitted special rights by title. Thus the claim of taxes i.e. can be levied.
Questions: 1. Do you get 2 separate documents(1-the Deed, 2- the Title) to sign at Closing? 2. Cash purchase-Do you get BOTH documents to keep for yourself, or do you just get one document which is considered a Deed/Title (the same thing)? 3. Which one gets recorded w the Town? 4. Does a mortgage mean that the BANK holds the Title or the Deed, or BOTH until you pay it off ?…Then years later when you are selling, you convey the property with a Title and the same scenario begins as question #1? tks
Can I put a Marital lean on homes bought by the wife while we were married and I am not on the deed? I think that is to much control for one side to have. If something should happen to her, I would have to go through probate because I am not on the deed? If something happens to me, she gets to keep it all and my part will not be divided since I can’t even write a will since im not in the deed. Im just trying to play it safe in the event one of us suddenly pass. Also what reason would she have not wanting to put me on the deed since properties were bought while we were both married.
nobody can tell u what to do w/ that property, once u own the deed? not in the u.s.! home owner associations, code enforcement officers, county tax revenuers, all have control, & even greedy town developers can use the patriot act’s enhanced eminent domain laws at will to seize property. in u.s. there’s no such thing as ownership, just title & deed provisions. but, still beats mexico, which has no title insurance, or u.k. where after death titles revert to the king/queen. ur mortgage over there only buys u limited, lifetime use of a property
My understanding of property ownership weather it is land, buildings or a vehicle in the US. Is that the title is essentially a contract between an individual and the government. Where the government owns the physical property and the individual own the value of the property. This how intimate domain is justified in our legal system. Is this an accurate explanation on how property ownership works.in the US?
No wonder Sir Robert Torrens conceived the concept of a title on which the property description and any encumbrances are noted and guaranteed by the state. The Real Property Act 1858 in the province of South Australia, was the first version of Torrens title enacted in the world. It was opposed by lawyers at the time who saw their income disappearing out the door, but it is still with us, both here in South Australia and other Australian states but also in other parts of the world, but not to any extent in the USA. No need for any exhaustive search, it’s all on the Certificate of Title. Simple.
As a Lawyer I suggest that you make it clear that your jurisdiction, which is not anywhere stated, MAY be different than other jurisdictions. Lay people do not comprehend that different jurisdictions and different Countries have different definitions, and you are speaking to a World wide audience here, some in common law and others in statutory codes and others in civil code jurisdictions.
You can have a claim against title (mortgage holder, contractor’s lien) but not have equitable interest. So, if a $100,000 property is now worth a million dollars, having a contractor’s lien against it for $10,000 doesn’t mean you get a million dollar pay day. People always want to turn one into the other. Lots of fine reasoning goes on there (property tax sale to full deed and title).
Now, run that by me again. Definitions from Internet: Quitclaim: 1. the release or relinquishment of a claim, action, right, or title. 2. a deed or other legal paper in which a person relinquishes to another a claim or title to some property or right without guaranteeing or warranting such title. : in full quitclaim deed. Generally, a quitclaim is a formal renunciation of a legal claim against some other person, or of a right to land. A person who quitclaims renounces or relinquishes a claim to some legal right, or transfers a legal interest in land. Title: The legal concept of ownership: Right to convey, lease, incumber, possess. Deed: Document that conveys ownership. A deed must include the names of the buyer and seller and the property’s legal description. The deed is signed by the person transferring the property and may make that person responsible to the buyer for other claims against or conditions on the property. Fee Simple: Fee simple is a legal term used in real estate that means full and irrevocable ownership of land, and any buildings on that land. Fee simple is the highest form of ownership — it means the land is owned outright, without any limitations or restrictions other than local zoning ordinances. Grantee: A grantee is the recipient of a grant, scholarship, or some other asset such as real estate property. In contrast, a grantor is a person or entity that conveys ownership of an asset to another person or entity: the grantee. If you ask me to explain this, I couldn’t.
Watching this after just hearing on the news that someone illegally obtained a deed to someone’s house here in North Carolina and learned that there are no laws protecting homeowners from people just Willy nilly claiming a deed on your house. The guy has to now pay out his rear end to take this to court. The person that obtained his deed was contacted by the news station but they said they thought the house was in foreclosure! Like wtf 😳 that’s scary!!!!
great, now tell me how to add my long time wife to my home papers, paid for since 2003 free and clear, no liens etc, but county will not allow me to add present wife to home, previous wife was legally removed in 1985 after divorce whle still paying on home. many tries after new marriage in 1989 and still can’t add her to home. final answer, you need a real estate attorney to add her.
I hired a lawyer pretty much knowing the answer but never getting much for my money. Here it is simply put. 1. I’m divorced 2. I did not mediate and let her have everything. 3. When looked up on the appraisers site only my name is listed. My credit was great so they only used my name. 4. My ex and children live in the house and pay everything. 5. Do I have any recourse for getting part of the house? 6. I know. I should have gone to mediation. 7. Never listen to your wife describing how losing the house would be detrimental to your special needs daughter.
For those who were left a bit confused. A car analogy. I’m selling you my car……..You pay me. The written receipt and bill of sale I give you is the “deed”. IE. The paperwork is the deed. You still have to go transfer the car title to your name to make it yours. The DMV will tell you if the title is legit or not. ( title insurance)…..Your new title says it’s your car now…….The paperwork trail is your proof of the legal purchase you made. If it helps……
I viewed a article that there was a large amount of ranch land being sold in some state like Wyoming, Montana it showed the arial view of property and map then stated some of the land was deeded land rest wasn’t, how can a land/ranch owner sell it being deeded and not deeded property? And if and when looking for any land no matter how few acres to hundreds of acres should it be a deal breaker if buyer can’t buy and own water, mineral and air space rights?
Unfortunately you could not also explain Mineral Rights, in short the mining company that owns the mineral rights to your property can strip mine your entire property leaving only your house sitting on a pillar. Probably never happens in cities and towns, but in a rural areas it is always a possibility. Or they could use sulfate mining (injecting acid in the ground to dissolve the minerals) and destroy your water supply. They can even sulfate mine under your property from another state bypassing your state’s laws, as happened between Michigan and Wisconsin in the upper counties some 30 years ago.
Does a warranty deed transfer name on appraisal district for Property Taxes? Does the appraisal district check death certificates to warranty deeds? What if a person died, signed a warranty deed for property and did not change the name on the appraisal district property website to gain deceased exemption benefits?
It’s an investment security for a financial asset. And all mortgages are fraudulent. All debts must be settled in 3 years and if you want to relive the obligation that is voluntary you need to transfer to fee simple absolute and have a grantor to the grantee. And you have to report to the irs. The irs is book keeper and the forms need to be put in place to give the proper form to the entity person trust corporation estate llc whatever the case may be
Are you required to pay property taxes on simple fee title? How about allodial land title or land patent? I may be ignorant to the facts but I was under the impression that if you held allodial title or land patent, the government has no claim whatsoever to your property and you can refuse to pay property taxes. On the other hand, if you don’t pay property taxes, you lose the services that come with those property taxes like fire police, Schools, etc. Is this correct ?
In the “Republic of Texas”…. Oh yeah, i can tell this documents is dated approximately 1860x when Texas (and California) were independent (from Mexican Empire) countries, but not joined the USA yet. Therefore they were not “Sates” yet. The flag of “State of California” still nowadays reflects “California Republic” script as a reminder of its short “independence” until USA devoured and swallowed it!!! What an interesting article!!!!!!!! Thanks a lot, i really enjoyed it!!!