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Real property refers to any tract of real estate land or immovable property in which a variety of human efforts have been undertaken to improve that piece of land. Few of those improvements that have been made are buildings, ponds, roads, canals, wells and so on. Below are answers to few of the more common legal questions about laws on this type of property issues: Is it legally binding for me to file a petition to quiet title with the county or court if I intend to live in a particular property by prescriptive easement? What am I supposed to do with the written agreement and if I am filing a quiet title against the property, what form do I fill out for this and where would I be able to get it?
In a situation like this, if none of the parties decide to give their consent on the easement, then you need not file a petition to quiet title. However, you would need to go to the county clerk’s office and file the quiet title petition in writing, if both parties give their consent on the easement. The reason you would need to do this, is to make the agreement, which the parties have signed become effective on the title. On the other hand, you certainly have to file a petition to quiet title in case, the other party refuses to give their approval on the provision of easement. In that case, all you would need to do is approach the court and provide evidence that you have a legal right to use the easement. If you succeed in winning the case in court, you would require to file the court’s judgment with the county clerk’s office in the same manner as you would file for an easement. Usually, there are no sample forms available online for such petitions. But if you want, you could click on www.uslegalforms.com to get a specimen of the petition forms. As per the requirement of the four unities of joint tenancy in Arizona, would a deed be regarded as legal if someone purchases a property and then transfers the ownership rights to that property not only to herself but another individual as joint tenants? They have also attached the right of survivorship in the deed.
According to the real estate law in Arizona, the four conditions that are legally required to create joint tenancy have been abolished. This mainly resulted due to the time and money that was involved in acknowledging the legalities of the requirement. However, as per section 33-431 (B) in the Arizona Revised Statutes, the owner of a property is legally allowed to create the right of survivorship on a property in joint tenancy by granting or conveying the right to himself and others. Besides, this particular right could also be legally transferred from two or more owners to themselves or to one or more of them and others under this statute. Alternately, if spouses want to stay away from the complications of community property issues, then they would have to draft a letter of intent in which they would need to mention about their interest in being the joint tenants who would also enjoy the right of survivorship. Through this letter, they would be permitted to be a part of the deed without having their property attached as the community property. How can anyone convey the title of a property from a deceased person, particularly if the person has made no will or does not have any assets or the property needs to be sold?
In California, it is legally possible for the successor to acquire personal property, money, debt, and other miscellaneous personal property, if the amount of the overall property of the deceased person that include both his real and personal property does not go up to $100,000. However, in order to obtain it, the successor would need to ensure that he or she should have an affidavit or declaration for the same. Moreover, if the successor comes across a lien on that particular property, then they would need to file an affidavit in the county wherein the lien has been recorded. But when the affidavit is being filed, the successor would need to make sure to include a copy of the death certificate with the affidavit. In addition to this, he or she would need to provide a copy along with the affidavit that would serve as evidence on the consent of the representatives in the transfer of the property. However, this would be relevant only if the person, who is representing the deceased, has agreed upon conveying the ownership rights. This procedure usually applies to cases related to personal property transfers and until forty days have passed since the death of the deceased, this action cannot be put into effect. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
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