When Does Conveyance Occur?
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When Does Conveyance Occur?
In property law, "conveyance" refers to the act of transferring title to property from one person to another. A person is said to convey the property when they manifest an intent to transfer it to another. This generally done by transferring the deed to the property as a formal act showing that the conveyance has occurred. Here, the deed needs to be signed and in writing, and should also describe the land with sufficient accuracy.
You should note that actual transfer of the physical deed is not always required in order for a conveyance to have occurred. All that needs to happen is some event showing that the deed holder intended to make the transfer.
Once the deed is transferred, the recipient should promptly record the transfer with a county recorder’s office. This will supply evidence of conveyance should there be any questions in the future.
What Is Fee Simple Absolute?
When speaking of conveyance, the owner will usually transfer what is known as "fee simple". Fee simple is not the property itself, but rather the actual interest in the property, or the right to do certain things with it. Fee simple usually entails two things: The property can be possessed; and the property can be passed along to one’s heirs.
Furthermore, there are many types of fee simple. Fee simple absolute is the most common type and also the one that encompasses the most rights. Conveying fee simple absolute to property entails that the owner:
- Has the right to possess the land or property
- Has the right to alienate the land (transfer it to another person)
- Has the right to exclude others from using the land
Thus, most real estate conveyances are actually transfers of a "bundle of rights" to a piece of land, and not just the land itself.
What If I Have a Dispute Over Conveyance of Property?
Disputes over conveyances of land or property should generally be addressed by the court. These can result in different types of legal remedies, depending on the issue. In some cases, a damages award will suffice to help a party recover losses. In other cases, the court may choose to award title to a particular party. In still other cases, the remedy might involve rewriting a sales contract to reflect new information regarding the land.
As mentioned, a proper recording of a conveyance transaction can help prevent many different types of legal disputes and contests.
Should I Hire a Lawyer for Help with Property Conveyances?
Real estate conveyances can often be very complex, and may involve several different laws. You may need to hire a lawyer if you need help with a real estate or property issue. Your attorney can provide you with legal advice and guidance on the matters. Also, if you are involved in any type of land or property dispute, your lawyer can help you file a claim and can represent you in court.
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Last Modified: 11-07-2013 03:58 PM PST
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