Tag: property rights
-
Am I the Nuisance, or Is My Neighbor? What the Law Says
The law of nuisance came from Merry Olde England, and it crops up in property cases to this day. Sometimes, a nuisance is both private and public. Consider a body shop that emits fumes or dumps oil — impacting specific residences, and creating a public hazard at the same time. Or perhaps it feels more…
-
How Do Zoning Variances Work?
A zoning variance is permission from local authorities for a property owner to do something against the standard rules. For example, maybe you want to install a backyard cottage on your property, but that’s not allowed by local regulations. Or maybe you want permission to create a rain garden, or put up a fence despite…
-
It’s a Crime! Deed Theft Crackdown Gets Serious
Deed theft deprives homeowners — and generations that follow them — of the precious home equity they worked so hard to earn. When someone sets out to exploit someone else’s deed, the targets are often seniors, minority households, and people who own debt-free homes in gentrifying neighborhoods. In New York, as of 2024, deed theft…
-
What If the Deed Is Not Recorded? (Never Let This Happen.)
By accepting a deed, you become a new property owner. Be sure to file the deed you accept with the county recorder’s office. The recording becomes your public notice that you now own the property described on the deed. You might have heard that a deed works to transfer property as soon as it’s offered…
-
Deed Theft Should Not Exist
What Does It Take to Safeguard a Title? If you hold the deed, you can’t be evicted, right? True — except if your deed is pulled out from under you by a nasty actor. It shouldn’t happen, but it does. Just ask Dada, a homeowner in Oklahoma City. Someone recorded a quitclaim on Dada’s deed,…
-
Michigan Deed Holders: Your Property Rights Could Change
Living in Michigan? It’s time to check your deed restrictions. Michigan deed holders should know that changes made to the state’s Marketable Record Title Act (MRTA) took effect March 29, 2024. And there’s a new deadline to record a notice under the MRTA. KEY POINT TO KNOW: Michigan deed holders now have until September 29,…
-
Blockchain for Good: Can Smart Contracts Play a Community-Building Role?
Holding the deed to real estate is long associated with stability and financial security. What if some of that security could be shared by — and build up— communities? This article is a thought experiment. Let’s imagine how things could play out if local residents could invest small amounts in a building. How would this…
-
Warning: When Not to Sign Over Your Deed
Transferring the deed to your home is a simple matter. Generally, you just have to find the current deed to your home, then get the right deed form to write up your new deed to convey to another party, and take the document to a notary. Then your signature can be notarized and the deed can be…
-
Can a Quitclaim Deed Be Undone?
A quitclaim deed transfers real estate to a new owner. A properly completed and recorded quitclaim cannot be undone. Here’s why — and what to do next if there’s a problem with the transfer.
-
Removing Someone from a Real Estate Deed
Removing someone from a deed—is it possible? The short answer: No. Misconceptions and Realities It is a misconception that someone can be “removed” from the deed. Nor can a co-owner simply take away another party’s interest in a property by executing a new deed without that other party. In short, no one can be passively…
-
The Quitclaim Deed and Fraudulent Real Estate Transactions
Quitclaim deeds show up commonly in fraudulent real estate transactions. This type of deed fraud can impact elderly people, buyers purchasing real estate from strangers without warranty, renters who are paying someone who is not a legitimate owner, and anyone involved who might buy, sell, or own property. Here, we examine how it happens and…
-
What is a Special Warranty Deed?
If you’re like most people planning to make a real estate purchase, you want to know that the property you’re purchasing is actually owned by the seller, that it’s in reasonably good shape, and that the title is free of defects. Real estate transactions aren’t always as seamless or clean as buyers might like, though.…
