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A Ph.D. Land Economist writing about private transfer fees observed that this contention seems "illogical" [35] since market theory says, [36] and legislative analysis concurs, [37] and common sense suggests, that an informed buyer will not pay the same for land encumbered by a private transfer fee as they would for the same land without a ...
The process of performing a title search involves accessing the official land records for the subject property. Each record is a document evidencing an event that occurred in the history of the property. A deed records an event of property transfer, mortgage documents the collateral interest of a home loan, and a lien documents a claim against ...
How to check for clear title on property. As a homebuyer or seller, you can visit your local property records office or do an online search for the property’s title history. This will tell you ...
If the property is covered by a homeowners association (HOA), the HOA will normally be funded by dues assessed against each property owner. Since the ownership of the seller and buyer are each fractional in the year of the transaction, there must be an adjustment made so that each owner pays their proportional share.
Moore, 178 U.S. 41 (1900), confirmed that the estate tax was a tax on the transfer of property as a result of a death and not a tax on the property itself. The taxpayer argued that the estate tax was a direct tax and that, since it had not been apportioned among the states according to population, it was unconstitutional.
However, new types of land ownership is generally disallowed, under the numerus clausus principle, unless they are introduced by legislation. [13] In most states, full ownership of land is known as fee simple, fee simple absolute, or fee. [14] Fee simple refers to a present interest in the land, which continues indefinitely into the future. [14]
Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information.
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