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The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
For example, in Tennessee law, tax map boundaries can become property boundaries (notwithstanding a survey and deed to the contrary) merely by paying the taxes on the land for twenty years in the belief that it was part of the ownership, even if it encompasses adjacent gaps and gores. See adverse possession.
In most jurisdictions, the real property interest created by the contract will pass to the buyer's heirs, while the seller's personal property interest created by the contract will pass to the seller's estate. The State of New York does not recognize equitable conversion. In New York, as long as the buyer is without fault, the risk of loss ...
Each U.S. state has a recording act, a statute which dictates the legal procedure by which an individual claiming an interest in real property (real estate) formally establishes their claim to that property. The recordation of property rights becomes particularly significant where an unscrupulous dealer in land purports to sell the same tract ...
An enhanced life estate deed, often referred to as a “Lady Bird” deed, is a legal document utilized in some areas to streamline the transfer of property ownership. This deed simplifies the ...
We've seen eloquently written real estate listings for luxurious and quirky homes—long, drawn out adjectives and picture-perfect descriptions aplenty. But we've never read anything quite like ...
Examples of clouds on title include a property's address being misspelled in a deed conveying title, a mortgage lien whose repayment hasn't been officially recorded, a deed which has been signed but hasn't been properly recorded, an easement that has not been properly recorded, unpaid property taxes, a failure to transfer property rights (such ...
Real estate can be life or death in Los Angeles. And that’s literally the case in the new comedy No Good Deed — now streaming on Netflix; I’ve seen four of the eight episodes — with a bevy ...
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