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What is the meaning of merger of title regarding real property?
Wiki User
∙ 15y ago
Merger of title in the law of real property is used to describe a situation whereby a lesser title is absorbed by a greater title and the lesser title disappears. It is commonly used when referring to easements and mortgages.
Suppose James Smith granted a mortgage on his property to Elizabeth Murphy. Murphy would now have a security interest in the property. That mortgage would remain as a lien on the property until it was paid off and a discharge was recorded to clear the title. If Smith couldn't pay off the mortgage and decided to move away he could convey the property to Murphy by deed if she agreed. Murphy's interest under the mortgage would "merge" with her fee interest under the deed and the mortgage lien would be extinguished. There would be no need to record a discharge of that mortgage.
Now suppose a farmer split a narrow but deep parcel into two lots, one with frontage on the road (A) and one requiring passage over Lot A for access (B). He sold the rear lot (B) to MacDonald with a right of way over the front portion (A). MacDonald and successive owners will always have access over Lot A to reach Lot B. Therefore Lot A will always be encumbered by the rights of the owners of Lot B to cross over their lot.
If the owner of Lot A later purchased Lot B the easement in the right of way would merge with the fee when the same owner acquired the title to both lots. The easement in the ROW would disappear.
Wiki User
∙ 15y ago
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Can you explain the meaning of title?
A title is a legal document. It lists the owner of the property and the location of the property. It also lists important facts about the property.
What happens when a property is conveyed by deed to the holder of a life estate?
The "life tenants" can reside on the property for their lifetime. They are responsible for taxes, maintenance and any improvements they choose to make and are required to keep the property maintained in at least the same condition as when it was awarded. They cannot rent, lease, sell or transfer the property. Nor is the property subject to creditor attachment by the debts belonging to the "life tenants". Upon the death of the "life tenants" the property reverts to those named as the "remainder men".
What mega-merger in the title insurance industry occurred in 1999?
Fidelity National Finance announced the purchase of number-one-ranked Chicago Title Corp. in a $1.2 billion merger. With combined 1998 revenues of $3.4 billion, this merger created the largest title insurance company
Can you give cost to purchase rights using quitclaim form?
No. A quitclaim deed is used to transfer the title to real property. If you want to enter an agreement regarding the cost then you need to see an attorney about a sales contract or purchase and sale agreement.No. A quitclaim deed is used to transfer the title to real property. If you want to enter an agreement regarding the cost then you need to see an attorney about a sales contract or purchase and sale agreement.No. A quitclaim deed is used to transfer the title to real property. If you want to enter an agreement regarding the cost then you need to see an attorney about a sales contract or purchase and sale agreement.No. A quitclaim deed is used to transfer the title to real property. If you want to enter an agreement regarding the cost then you need to see an attorney about a sales contract or purchase and sale agreement.
Who goes over the real estate title with the seller?
An attorney should handle all matters regarding the title to the property. The buyer's attorney arranges to have the title examined to make certain their client will receive good title to the property free of any defects or undisclosed encumbrances. If any problems are disclosed by the title examination, she/he will report them to the seller's attorney for correction.
Who has the legal title of the property in a trust?
Trust property.The title to the trust property is held by the trustee.Trust property.The title to the trust property is held by the trustee.Trust property.The title to the trust property is held by the trustee.Trust property.The title to the trust property is held by the trustee.
What are liens on property owner in an association?
Liens cloud the title to the condominium, meaning that the property owner owes a debt based on that property which must be paid in order to clear the title. Liens are also public record and may appear on owners' credit reports.
How do you find homeowner name of a title on property?
Property title search
What is Arkansas law regarding property rights between spouses?
Title 9 Family Law Subtitle 2. Domestic Relations Chapter 11 Marriage Subchapter 5 -- Rights and Property of Married Persons
You have liens against your property that are not your debts the title search company found this during a title search what can l do?
If you do not have an Owner's Title Insurance Policy (meaning an Owner's Policy you took out when you bought the property OR the current owner's Back title if this is a property you are buying), you as the current owner, or the seller as the currentowner, will need to clear prior owner's chain of title. This is one of the reasons it is very important to have the property searched before you buy and to make the small investment into Owner's Title insurance. If the liens are judgments (meaning the prior owners actually had court proceedings filed against them), you or your attorney will need to contact the creditors to find out if the debt was ever paid. Sometimes common names come up in the title search that are not actually your party to the chain of title - In most states lien automatically attach to the property, not the person. Therefore, even though the liens are not yours, they do belong to the property. If you are the owner of the property and you HAVE an Owner's Policy, it is a claim against the title agency and underwriter who did the initial searches and issued the policy. You would go back to them for remedy as they should have caught this when you were buying the property and before they insured.
How do you go from being a co-signer to being an owner of the property?
The co-signers name must be on the title to the property in order for them to be a joint owner of the property. The owner must put the co-signer on the title to the property.The co-signers name must be on the title to the property in order for them to be a joint owner of the property. The owner must put the co-signer on the title to the property.The co-signers name must be on the title to the property in order for them to be a joint owner of the property. The owner must put the co-signer on the title to the property.The co-signers name must be on the title to the property in order for them to be a joint owner of the property. The owner must put the co-signer on the title to the property.
Is private property always private?
Yes. Private property remains private property until it becomes public property by a transfer of title by deed or by a taking.Yes. Private property remains private property until it becomes public property by a transfer of title by deed or by a taking.Yes. Private property remains private property until it becomes public property by a transfer of title by deed or by a taking.Yes. Private property remains private property until it becomes public property by a transfer of title by deed or by a taking.
