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Understanding the Rights of Heirs When a Property Title Remains in an Estate for Years
https://legiswiki.com/en/p/10157/understanding-the-rights-of-heirs-when-a-property-title-remains-in-an-estate-for-years
When a property title remains in an estate for years, typically because the deceased owner did not leave a legally binding will, the property is considered heirs' property. This means the property is informally owned by multiple heirs who hold fractional interests, but the official title remains in...
How to Determine Legal Ownership of a House When Title is Still in a Grandparent's Estate
https://legiswiki.com/en/p/10159/how-to-determine-legal-ownership-of-a-house-when-title-is-still-in-a-grandparents-estate
To determine legal ownership of a house when the title is still in a grandparent's estate, you generally need to follow a legal process to transfer the title from the deceased grandparent to the rightful heirs. This process involves several key steps: Identify the Legal Heirs The first step is to...
Preventing encroachment and protecting your land from unauthorized use
https://legiswiki.com/en/p/10131/preventing-encroachment-and-protecting-your-land-from-unauthorized-use
To prevent encroachment and protect your land from unauthorized use, it is essential to take proactive and consistent measures that establish clear boundaries and enable early detection of any violations. Here are the key steps based on recent expert guidance: 1. Conduct a Professional Survey Hire a...
Role of court orders in transferring vehicle ownership without consent of current possessor
https://legiswiki.com/en/p/10261/role-of-court-orders-in-transferring-vehicle-ownership-without-consent-of-current-possessor
Court orders play a critical role in transferring vehicle ownership when the current possessor does not consent or when there are disputes over ownership. Here is a neutral, legal overview of how court orders function in these situations: Legal Basis for Court-Ordered Transfers A court order can leg...
Title Clearing
Title clearing is the process of examining and resolving any issues that could affect the legal ownership of a property, ensuring that the title is free from liens, claims, or other encumbrances before a real estate transaction is finalized.
Key Aspects of Title Clearing
- Purpose: To confirm that the seller has the legal right to transfer ownership and that the buyer will receive a clear title—meaning no outstanding debts, liens, or legal claims exist against the property.
- Process: Involves a thorough review of public records, legal documents, and previous ownership transfers to identify any potential problems, such as unpaid taxes, mortgages, or disputes over ownership.
- Outcome: Once all issues are resolved, the title is considered "clear," and the transaction can proceed. This process is essential for obtaining title insurance and fulfilling the requirements of most real estate purchase agreements.
Summary Table
| Step in Title Clearing | Description |
|---|---|
| Title and Lien Search | Review public records for ownership and outstanding claims |
| Issue Identification | Identify liens, encumbrances, or disputes affecting the title |
| Resolution of Issues | Address and resolve any identified problems |
| Clear Title Confirmation | Confirm the title is free and clear for transfer |
| Title Insurance Issuance | Issue title insurance policy to protect the buyer and lender |
Title clearing is a standard and necessary step in real estate transactions to protect all parties involved and ensure a smooth transfer of property ownership.