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For example, making payments on the mortgage can evince an intent to assume it, as can paying less than the value of the property (if the difference is the amount outstanding on the mortgage). Absent an assumption of the mortgage by the purchaser, the purchaser buys the property subject to the mortgage, which means the property is still ...
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 ...
Once an instrument affecting the title to real estate has been recorded, the law holds that everyone is deemed to know of its existence, even if they have not searched the records in the recorder's office. This is the doctrine of "constructive notice" and it is nearly universal in the various states of the U.S. So, for example, after a deed or ...
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
The word is a compound of *all "whole, full" and *ōd "estate, property" (cf. Old Saxon ōd, Old English ead, Old Norse auðr). [4] Allodial tenure seems to have been common throughout northern Europe, [ 2 ] but is now unknown in common law jurisdictions apart from Scotland and the Isle of Man .
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.
The study used eight counties throughout California, including Los Angeles, to create a snapshot of both rural and urban homelessness — surveying nearly 3,200 people and conducting 365 in-depth ...
The law was amended a few years later to include a disclosure obligation for real estate licensees. The act was called the Alquist-Priolo State Special Studies Zone Act prior to 1994. The act was amended September 26, 1974; May 4, 1975; September 28, 1975; September 22, 1976; September 27, 1979; September 21, 1990; and July 29, 1991.