Deeds

News & Analysis as of

Just Because A Deed Is Void Doesn’t Mean It Can Be Challenged “Any Time”

In a case reviewed last year, Salazar v. Thomas, a California Court of Appeal weighed in on how the statute of limitations applies to quiet title claims. The court held that when an owner seeks to quiet title against a...more

Court Enforces Trust Even Though The Trust Document Was Missing

In Gause v. Gause, a son brought suit to affirm the existence of a trust established by his father. No. 03-13-00768-CV, 2016 Tex. App. LEXIS 8138 (Tex. App.—Austin June 29, 2016, no pet. history). ...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19496 - Commission on Human Rights & Opportunities v. Echo Hose Ambulance - The issue of this case was whether or not an unpaid volunteer, in this case for an ambulance...more

Seven Tips for Food & Beverage Transactions in the Middle East

Parties purchasing Middle East-based companies operating in the retail and wholesale food and beverage sector with a focus on companies in Saudi Arabia and the United Arab Emirates (“UAE”) are facing some common issues....more

Court Affirms Power Of Attorney Holder’s Right To Revoke Gift

In Wise v. Mitchell, a power of attorney holder, Mitchell, filed a revocation of a deed that the principal issued to Wise. No. 05-15-00610-CV, 2016 Tex. App. LEXIS 6502 (Tex. App.—Dallas June 20, 2016, no pet. history). After...more

Deed Warranties and Why They Should Matter To You

You're negotiating to buy a piece of real estate and your attorney tells you that the seller is proposing to give you a "Special Warranty Deed" in exchange for all of the money you will pay. Special Warranty Deed - that...more

Neither a Will Nor Gift Deed?

This narrative about a daughter gone bad is for title examiners, landmen and moralists. Business development persons, skip straight to the lesson. The background Elvira owned a home and lived with Johnny. Elvira and...more

Pennsylvania Supreme Court holds estoppel by deed applies to oil and gas leases

In the Court’s first decision on oil and gas issues since three new justices were elected, the Pennsylvania Supreme Court recently held that the doctrine of estoppel by deed applies to oil and gas leases. In Shedden v....more

Real Property, Financial Services & Title Insurance Update: Weeks Ending March 11 & 18, 2016

REAL PROPERTY UPDATE - - Foreclosure/Standing: substitute plaintiff failed to establish standing to enforce note and fact that original plaintiff had filed original note endorsed in blank before assignment did not...more

Court Affirmed Judgment That A Deed By A Trustee Without Specifying The Trustee’s Capacity Transferred Trust Property

In West 17th Res. LLC v. Pawelek, children of a grantor sued the grantees, alleging that the grantor did not convey a trust’s ownership interest in the property because the grantor did not indicate her capacity as a trustee...more

Money, Dirt and Steel: Year End 2015 NC Real Property Litigation Update

Inverse Condemnation: Nies v. Town of Emerald Isle, COA15-169 (November 17, 2015). The Town of Emerald Isle established a beach nourishment project extending the mean high water mark seaward, and regulating vehicles...more

What if a Partition Deed Doesn’t Consider the Minerals?

Did Moses worry about the mineral rights when he parted the Red Sea? Maybe Charlton Heston knows. What we know is that 3,500 years later if you plan to partition surface rights, the time to pay attention to the minerals is...more

Deeds to Trustees [Florida]

One statute that most Florida real estate and trust lawyers have to deal with at some time is Fla.Stats. Section 689.07(1). Let’s read it together...more

MERS: Better Than a Faster Horse

MERSCORP, Inc. (“MERS”) has been under fire for years. We wrote about it a while back when residential mortgage borrowers challenged the ability of MERS to foreclose on mortgages it held on the theory that MERS, as a mere...more

Pennsylvania County Recorder Cannot Sue MERS for Failure to Record Mortgage Assignments, Third Circuit Rules in Overturning...

The U.S. Court of Appeals for the Third Circuit has ruled that Pennsylvania’s recording statute does not require the recording of all conveyances. As a result, the Third Circuit reversed the district court’s refusal to enter...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending July 10, 17 & 24, 2015

REAL PROPERTY UPDATE - Eviction/Summary Judgment: Error to grant summary judgment where plaintiff failed to refute multiple affirmative defenses including an assertion that the eviction would cause an inequitable...more

Doin' the Deed: State Conveys 300 Acres of Urban Property to City of Raleigh

We've blogged in the past about the political saga between the City of Raleigh and the State of North Carolina over the Dorothea Dix property in downtown Raleigh, a 300-plus acre piece of lovely real estate. And you thought...more

…But Coal Bed Gas Is Not The Same As Natural Gas

In a PA Superior Court opinion handed down after the Sissons v. Stanley case (109 A.3d 265, described in the previous blog posting), the court ruled that a reservation of gas rights in a 1932 deed, reserving to the grantor,...more

Gas Means Gas, Says PA Superior Court

Mr. & Mrs. Sissons owned property in Susquehanna County, and wanted to lease the subsurface Marcellus Shale gas on the property to a gas production company. The problem was that they owned the land subject to a reservation...more

Illinois Supreme Court Affirms Deed Tax, Illuminates Constitutional Tax Analysis

In the closing days of the recently concluded May term, the Illinois Supreme Court handed down its decision in Marks v. Vanderventer, unanimously upholding the constitutionality of a statewide surcharge on the recording of...more

“Deed in Lieu”: Deed That Is Not Really In Lieu Of Foreclosure Will Likely Not Be Treated As a Deed

In re Primes, 518 B.R. 466 (Bankr. N.D. Ill. 2014) – A mortgagee moved for relief from the automatic stay, arguing that it acquired title to property prior to the bankruptcy under a quit claim deed given to it by the...more

Essential Guide to Mortgages and Charges Over Land

This Essential Guide describes the most commonly used types of security that can be created or arise over property, the form and contents of a typical mortgage or fixed charge over property, due diligence and pre-completion...more

New Georgia Law Sets Deadlines for Deeds, Relaxes Attestation Requirements

If you thought you knew the decades-old Georgia requirements for attesting a security instrument or recording a deed under power, think again. These basic rules are changing on July 1, 2015, and the changes are expected to...more

NC Foreclosure Statute of Limitations – A Tale of “Zombie” Deeds of Trust?

Let’s face it. Zombies are everywhere. I can’t seem to pass a movie theater or flip a TV channel without seeing or hearing something about them. So of course they were top of mind when I read the North Carolina Court of...more

Locke Lord QuickStudy: Legal Descriptions — Texas Supreme Court Holds Specific Controls Over The General

On March 20, 2015, the Texas Supreme Court in Doris Virginia McGregor Stribling et al. v. Millican DPC Partners, LP et al., No. 14-0500 (Tex. 2015), held that a metes and bounds description will prevail over a more general...more

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