News & Analysis as of

Deeds

Surrogate’s Court Sets Aside Fraudulent Conveyance Violative of Contract to Make a Testamentary Disposition

by Farrell Fritz, P.C. on

A person who executes a valid agreement to make a testamentary disposition as to a specific item of property is precluded from making an alternative disposition, either during lifetime or upon death. ...more

The South Carolina Deed Recording Fee and New South Carolina Department of Revenue Guidance

by McNair Law Firm, P.A. on

South Carolina assesses a recording fee on deeds to real property. The South Carolina deed recording fee is imposed for “the privilege of recording a deed,” and is based on the transfer of real property from one person or...more

Conservation Easements: Easement Deed Fails To Satisfy Perpetuity Requirement

by Fox Rothschild LLP on

In Palmolive Building Investors, LLC v. Commissioner, 149 T.C. No. 18, the Tax Court denied a charitable contribution deduction of a donated façade easement because the easement deed failed to satisfy the perpetuity...more

Are Transfers Of Membership Interest In A Single Member LLC Subject To The Deed Recording Fee?

On August 28, 2017 the South Carolina Department of Revenue published Rev Rule #17-5, which updated Rev Rule #15-3 (the “Rev Rul”). The Rev Rul deals with the application of the deed recording fee on real estate...more

Australian Court of Appeal Approves Use of "Holding" Deed of Company Arrangement

by Jones Day on

In Mighty River International Ltd v Hughes [2017] WASCA 152, the Western Australian Court of Appeal delivered a landmark decision approving the use of a "holding" deed of company arrangement ("DOCA")....more

How to Avoid Getting Your Deed Rejected for Recording, Part 3: 10 Fail-Safe Tips to Insure Success

by Farrell Fritz, P.C. on

On July 11, 2016, we authored Part One in an ongoing series discussing the mechanics of how to successfully record a deed in the State of New York, wherein we discussed the various types of ownership interests and how they...more

Detroit Deeds Homes to Owners

by Clark Hill PLC on

Detroit Land Bank Program converts occupants into the owners of foreclosed or otherwise abandoned properties. Fair is fair. This blog often points out abuses of property owners by government agencies and utilities. But it...more

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for...

by Nexsen Pruet, PLLC on

UPDATE: Based upon a settlement reached with Respondents, Petitioners filed a motion seeking dismissal of their petition for a writ of certiorari to the Court of Appeals. They also asked the Court to vacate the opinion of...more

She Did What With the Family Farm? - Top Ways to Challenge a Deed in Michigan

by Clark Hill PLC on

A deed is a legal instrument commonly used to transfer title in real property (i.e. a residence, parcel of land, or family cottage). Although deeds are typically straightforward, certain legal requirements are necessary to...more

NVM-koopovereenkomst in een nieuw jasje (Dutch)

by Dentons on

From 1 May 2017, the NVM will use a new model purchase agreement. The new NVM purchase agreement contains a number of changes to the NVM purchase agreement from 2014. For a detailed explanation of the changes, the article of...more

Water Shortage Restrictions Override Deed Restrictions

Homeowners associations may not require lot owners to pressure wash their homes, or to water or replace their lawns while there are water shortage restrictions in effect....more

Texas Mineral Deeds Survive the Statute of Frauds

by Gray Reed & McGraw on

According to Mr. Bumble, the law is an ass. I disagree (Know a lawyer who’s an ass? That’s another conversation). In Davis v. Mueller the law was not an ass, per se, but as applied by the Texas Supreme Court it showed little...more

Lender's Edge Newsletter

by Polsinelli on

Deeds in Escrow - Deeds in escrow, or “pocket deeds,” have increased in popularity in recent years. But are they the right option in connection with a workout of your distressed loan? Please see full Publication...more

Notary is only liable for transfer tax mentioned in deed of transfer (Dutch)

by Dentons on

Article 42 Recovery Act: There is what is! The court of law in Arnhem pronounced at the beginning of April in a proceeding brought by the Tax Office against a notary under Article 42 Recovery Act. The notary had passed (a...more

Did This “Deed” Convey Fee Simple or an Easement?

by Gray Reed & McGraw on

BNSF v. Chevron Midcontinent LP et al. asked whether a 1903 deed granted BNSF’s predecessor a strip of land in fee simple absolute or only an easement. The result: BNSF holds only an easement. There’s more to the case than an...more

Was it a Mineral Deed or an Oil and Gas Lease?

by Gray Reed & McGraw on

How to distinguish an oil and gas lease from a mineral deed? In Richardson v. Mills, it was a deed when the instrument uses words like “forever” and imposes no duty to explore for and develop minerals....more

Does it Matter if a Deed Correction is Material?

by Gray Reed & McGraw on

McCabe Trust v. Ranger Energy LLC, is the consequence of failing to comply with the Texas Property Code when correcting real property conveyances....more

The Constructive Notice Doctrine in Action

by Gray Reed & McGraw on

Today’s “pay attention” edition begins with a quiz. What is the most important thing to read carefully: a. Speed limit sign in small-town (insert name of Southern state). b. Itinerary for that dream vacation, the...more

Registration Duty – All clear ?

by Hogan Lovells on

Yesterday, the director of the Luxembourg indirect tax administration (administration de l'enregistrement et des domaines) issued circular n° 782 dated 2 January 2017 (the "Circular"). The Circular recalls the main changes...more

Why Affixing A Secretary’s Certificate Might Protect The Innocent

by Allen Matkins on

Transactional lawyers are used to obtaining officers’ certificates to back up their opinions or to deliver to the other party pursuant to a purchase or sale agreement. I wonder, however, how many buyers or secured lenders...more

Mercury signing – guidance on the execution of documents

by Reed Smith on

Following the decision in the Mercury Case, a practice of ‘virtual signings and closings’ has developed to avoid the logistical problems in getting a document signed. This guidance provides a non-exhaustive range of options...more

Divided Third Circuit Panel Holds That Waiver Of Arbitration Clause Does Not Apply To Futile Arguments

by Carlton Fields on

On July 13, 2016, a U.S. Court of Appeals for the Third Circuit panel held that an arbitration clause is not waived simply because a party failed to raise a futile argument. The case arose out of a putative class action...more

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

by Winstead PC on

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

by Pullman & Comley, LLC on

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

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