The Parent-Child Exclusion applies to real property purchases or transfers between parents and children of a principal residence of the transferor and transferee that occurred on or after February 16, 2021. To transfer property ownership from parent to child in California, two ways must be followed: transferring the principal residence with a $1,000,000 market value exclusion to their children, and transferring the property with a $1,000,000 market value exclusion to their children.
Proposition 58, enacted in 1986, permits parents and children to transfer property and maintain the existing property tax assessment. Title to land can only be transferred by a signed, sealed, and registered deed with the Land Registry. To complete the transfer, the deed must be signed before a notary public and the child’s full name must be entered.
To ensure proper documentation, recording, and tax fees are due. County clerks/advisors must be notified of any changes in the law regarding property tax exemptions for real property transfers between parents and children. The Parent-Child Exclusion applies to any real property purchases or transfers between parents and children of a principal residence of the transferor and transferee that occurred on or after February 16, 2021.
📹 Parent to Child Transfer Property Tax Savings
Jordan Marks, your San Diego County Assessor/Recorder/County Clerk wants to help San Diego County homeowners grow their …
How much can you inherit from your parents without paying taxes in California?
California does not have an inheritance tax, but it is important to check the laws of the state you are inheriting from, as they may apply to your inheritance. The federal gift tax has a yearly exemption of $18, 000 per recipient for 2024, up from $17, 000 in 2023. However, the federal estate tax applies to estates valued at $13. 61 million and up in 2024, up from $12. 92 million in 2023. This tax has full portability for married couples, allowing them to avoid paying an estate tax on up to $27. 22 million after both have died.
Is California property tax exemption parent to child?
Proposition 19, effective February 16, 2021, allows parents to pass on their family home to their children for continued use as a primary residence without causing a change in ownership for property tax purposes. This allows the Assessor to exclude the otherwise reassessable change in ownership transfer from Assessment. To qualify for a Proposition 19 parent-to-child transfer, certain criteria must be met, including the property being legally conveyed to the heirs on or after February 16, 2021, both parents prior to the transfer and at least one child after the transfer being the principal resident within one year of the transfer, and the amount transferred being limited.
What is the parent-child exclusion in San Diego?
The Parent-Child Exclusion is applicable to real property purchases or transfers between parents and children of a principal residence initiated on or after February 16, 2021.
How to avoid property tax reassessment California Prop 19 2024?
California’s Proposition 19 has significantly reduced the ability to transfer a parent’s principal residence to a child without property tax reassessment. This exemption applies to all transfers of real property on or after February 16, 2021. The child succeeds to the parent’s assessed value regardless of the property’s value at the time of transfer. Prop 19 has been a significant factor in property tax planning in California, as it allows for the transfer of property without reassessment. Many California real property owners have been able to avoid property tax reassessment, and for a detailed analysis, contact 371-5003.
How to transfer ownership of a house without selling in California?
In California, the first step in transferring a real estate title is determining the transfer method. Two common forms are Quitclaim Deed and Grant Deed. A Grant Deed implies that the grantor has not conveyed the real estate to anyone other than the grantee, forming a title guarantee. Quitclaim Deed is used to resolve title issues or to give up all interests in a property, as the grantor makes no promises regarding the property’s title to the grantee. Both methods are essential for transferring property ownership in California.
What is the most common way to transfer ownership?
There are two types of warranty deeds: general warranty deeds and special warranty deeds. A general warranty deed guarantees good title from the beginning, while a special warranty deed only guarantees good title during the seller’s ownership time. Quitclaim deeds establish ownership interest but do not guarantee good title, and are commonly used to clear up title problems, transfer property between spouses after a divorce, or for informal title transfers between friends or family members. A warranty deed promises ownership and good title, while a quitclaim deed acknowledges the grantor’s interest but does not guarantee good title.
How do I transfer an inherited property in California?
In order to effect a transfer of property into your name, it is necessary to provide an affidavit to the current owner or company. In the event that there are multiple assets to be transferred, it is advisable to list them in a single affidavit. This procedure is required in the event that the individual in question has a legitimate claim to the property in question.
Which California proposition allows property to be transferred between parents and children?
The proposed legislation, Proposition 19, would eliminate the exclusion currently in place for transfers of real property between parents and children, grandparents and grandchildren. This would include transfers of rental properties, second homes, and commercial properties.
How do I give my house to my child in California?
A revocable trust allows you to pass ownership of your property to your children without probate, allowing them to name themselves as successor trustees. This allows you to retain control of all assets and property during your lifetime, making changes at any time. Additionally, you can specify how your property will be handled after your death. If you live in a state or the District of Columbia that allows “Transfer-on-Death” deed transfers, you can use this option to transfer your home to your children.
How to transfer property between siblings in California?
California’s Prop 58 or Prop 19 allows property transfers to be seen as parent-to-child, allowing estate or trust loans to be used. This is a unique legal process that allows for the transfer of property to be seen as parent-to-child. Trust deed investments, private money lending, bridge loans, estate loans, refinancing inherited property, and home equity loans are all available options for this process. The broker, Don Hensel, offers expert advice on trust deed investments, irrevocable trust loans, private money lending, bridge loans, estate loans, and home equity loans on inherited property.
How much does it cost to transfer a deed in California?
The cost of a property deed in Texas is $195, with the county recording cost varying from $15 to $40 depending on the property’s location. The cost of a property deed in California can be influenced by factors such as the property’s location, the complexity of the process, and the need for legal assistance. A typical deed document costs between $10 and $30, while the cost of recording an essential document can range from 10 to 25 dollars. The cost of a property title is influenced by various factors, including the area of jurisdiction, the complexity of the process, and specific conditions.
📹 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 …
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.
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.
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!
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.
@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.
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.
I think it’s time to make it more appealing for potential buyers. Real estate can be quite the rollercoaster! the stress and uncertainty are getting to me. I think I’ll cut rents to attract potential buyers and exit the market, but i’m at crossroads if to allocate the entire $680k liquidity value to my stock portfolio?
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!
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.
Hi. Thank you for the information. I’m in Colorado. Garfield County. We bought the property in 2013. I have a neighbor saying he has a deeded easement to ingress and egress that’s still valid. The easement was perhaps part of the land 50+ years ago when the land was owned and subdivided differently. He has been using the other established means of ingress/egress since we moved in, and since he moved in, in 1999. Then one day in 2019 he decides to come barging through my property and claim he was using his easement right. He tried to do this to the previous owner also, and threatened court and then withdrew the case the day before trial…that was back in 2008/9. The easement was not recorded in 3 title transfers about 40 to 50 years ago. Many years later, after those prior owners were moved away, this neighbor asked them to sign a Quit Claim deed conveying the easement to the current owner (my neighbor). Only 2 of the 3 owners who transferred title signed the quit claim forms that were provided to them. Does this help me? Is it valid for lawyers to ask prior owners to do that? I think the easement being left out of recorded deed could have been on purpose. Or even if not, it went through 3 transfers in a row without being documented on the titles. Would you be able to help or guide me? I have some money but but not enough to hire a lawyer fully. Thank you! Andy
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!!!!
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.
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 am not a licensed attorney, but I did graduate law school and could not believe how archane real estate law and transactions in the U.S. are. Worse yet, there was an inordinate amount of time wasted (IMHO) on out-dated concepts (LOP, for example) and the historical basis of the laws; subject better relegated for LLM and Ph.D. classes. Then again, it’s hard to charge $350/hr. when the process is straightforward. If people knew about how titles were recorded in the U.S. (pick one of the 3 system), they run screaming down the street. Anyway, this is a nice article. Thanks.
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
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.
Great article for the average person. I’m in the process of purchasing an off grid property which has established ownership history as well as an easement to access the property, and the realtor I’m going thru is wanting a quit claim deed since their preferred title agency underwriter won’t sign off on the realtor’s proof of easement.
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.
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?
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! 🙏🏻
Thank you for very clearly explaining this important distinction between two terms that are used synonymously by people who either do not realize there is a difference or who are speaking loosely and in common, everyday parlance. I’m sure that many legal cases arise because of conflicts between what title holders actually own, what title holders believe they own, and what legal documents (deeds) attest they own.
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.
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?
im trying to aquire a property in pre forclosure the owner is flat broke and is most likely going to loose the home . the home has a 115k mortgage and about 360k in liens the prop is worth about 550k . can i do a deal with the owner where i aquire the deed pay him 20k or so and finish the mortgage payments without needing to settle the liens at this time . will this give me time to negotiate the liens while i have a small mortgage payment . or will all liens be payable when i aquire the deed ?
I have been an advanced real estate instructor in Arizona for many years. My school offered certifications in a number of advanced real estate areas and I had lawyers in my classes. I would ask the class who owned a home and then ask what paperwork they had regarding the purchase in a safe place. Most of the time the response was ” I have the deed in my safe”. I then asked where is your title insurance policy and most of the time they didn’t know. Please educate people how important the title insurance policy is and that the other papers are recorded documents that can always be found at the recorder’s office while the title insurance policy isn’t usually recorded. I have been involved in a lot of cases where a problem with right of way or lot lines etc pop up 10 or 20 years after the purchase. Hopefully the insurance company is still around to defend the policy holder. Thanks.
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.
I look at it as you would a newly purchased vehicle. If you’re making payments on it, the bank owns it, but you have a registration (deed) that states who the lien holder is (bank). Now, once you’ve paid the bank off, you get a free and clear title, (Title) and yes – free and clear means no lien holder. I hope this made the sense it did in my head. 🤦🏻♂️
Another context you hear “deed” and “title” in is the ownership of cars etc. Your ownership of a car is its title. I guess the “deed” is the peice of paper you received from the dealer or your state’s DMV that shows you own the title. When you sell the car to someone, you fill out the transfer of ownership section of your registration papers, give a copy to the buyer, and file a copy with the DMV. Who sends a new set of papers to the new owner of the car. Often this peice of paper is referred to as the car’s title, but I guess it is really a deed.
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.
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?
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?
Great topic. TITLE is intangible (bundle of sticks = intangible sticks, rights!) DEED is tangible (not a right, just evidence of a right — evidence, not proof) DEED is also evidence of an agreement, not the agreement itself. The actual agreement is a “meeting of the minds”, not necessarly what is written in the deed.
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).
My dad and I bought a home for me and my wife. My dad signed a quit claim deed years later. My signature is on the quit claim deed. The deed states we are married and own the home as tenants in the entirety. We just got divorced. The marriage separation agreement states we would sell the home, she would get 65%, and she would have exclusive possession of the home until it is sold. We have changed our minds and do not want to sell the home. I would like to move back in, but she doesn’t want me to. What are my rights?
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 ?
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……
If I may be so bold, you may want to make another article explaining the difference between a grant deed, statutory warranty deed, special warranty deed, quitclaim deed and a deed of trust. I find that too often the term “deed” gets kicked around and used interchangeably and the distinction that a deed of trust is a mortgage and is not the same as a deed of conveyance, gets lost and confuses people. Just my 2 cents worth…
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.
How does title and deed relate to timeshare ownership? In other words, if the developer owns the property and I own the deed? If I own the deed and it is paid for, can I surrender or return the deed to the resort without or without their permission? Can they force me to keep it? How do I return it to the developer?
? 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?
My wife and I retired and paid off the small amount left on our mortgage. After many calls and emails the bank, U.S. Bank, sent us a letter that says the mortgage has been paid off. I called to ask for my deed. they said the letter is all I need. How do I get a deed to our home? Or do deeds still exist since the county tells me everything is digital and the letter from the lender is all I am going to get.
So the Deed will likely have at the top of some document included in it called, “Title” and another “Title Insurance”. I just know that Titles (Deeds in the form I saw them on screen or printed) they could often have (this is with cars too) people going back that there is not way to 100% confirm – but everyone know it informally to be extremely likely – to have probably never had some entity clear their name from that Deed database. The risk is just there in that IF someone connected with a name on that Deed – they might think “shoot they think I am the owner – lets see if they can disprove it now”. I probably have it wrong.
Isn’t it more like a title is a statement of who owns something, while a deed records the action of ownership transfer? Thus, a deed records what’s done, the change, while a title formulates what is the stable state of things once all change has happened and the previous owner no longer needs to be in the picture. This is my intuitive expectation of what these terms must stand for.
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.
So, if my house is mortgaged, the Title is in my name, and the Deed is in the possession of the loan agency. The commercials I hear for homeowners to pay extra to ensure that some scammer has not defrauded the loan agency and taken out loans using that Title seem unfair because if the house is the collateral for the loan, the loan agency needs to make certain the Title and Deed are secure. The homeowner is responsible for making payments. The loan agency needs to make sure that the Title and Deed are turned over to the homeowner when the loan is satisfied.
In you article at 1:31, you refer to a title search “…so that’s where the attorney is going back in time through the public records…” This is not entirely true. The title company will be the one who will do the title search and go back in time through the history of the property, not the attorney. (Perhaps it is different in your state). For one thing, in a routine residential real estate purchase, you’re not going to be represented by counsel who will do the title search for you. Again, this task will fall on the title company who will issue a preliminary title report which will list anything of record recorded against the property. If you are working with a broker, a seasoned broker will identify issues which could complicate the buying process but will work with the title company with your interests in mind. For example, there may still be a $50,000 lien/deed of trust/encumbrance recorded against the property going back 50 years which may have been paid off 20 years ago but someone forgot to release the lien. Any lender will look at that lien and, as a requirement to funding the loan you are applying for, require evidence that the lien was paid off/released from either the original lender or other means of documentation, before the lender will agree to fund your loan. Your broker should be savvy enough to identify these kinds of issues and should be smart enough to work with the title company to get the lien off title so that you have clear, insurable title.
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’ 😊