What Is a Conveyance?
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What Is a Conveyance?
A conveyance occurs when the owner of real estate transfers ownership to another party. This can happen in full, or the owner can transfer only a portion of the ownership interest. Conveyances can occur in many different ways, such as:
- Through a sale of the land or property
- Through transfer as a gift
- By inheritance (succession laws)
Generally speaking, laws require any type of real estate sale to be recorded in a written contract. This can help avoid disputes or breaches of contract in the future.
What Are the Types of Real Property Conveyances?
There are four different types of real property conveyances. These transfers can be made in a will or deed:
1) Fee Tail: Fee tail is a type of conveyance that transfers interest in real property to another, but restricts any further sale or transfer of the property. Fee tails are called restraint in alienation and are abolished in almost every state.
2) Fee Simple: A fee simple is conveyance of real property that gives absolute ownership in the property. The duration is indefinite and the interest is not subject to any conditions.
3) Life Estate: A transfer in real property to someone for the duration of their life or duration of someone else's life. Once the life tenant dies, the property will be transferred to the person who holds future interest.
4) Defeasible Estate: A transfer in real property where the grantor places some conditions on the transfer. Upon happening of the event or condition expressed by grantor, the transfer may either be void or would be subject to termination.
How Does Conveyance Occur?
Conveyance of title to real estate must be in writing if it involves a sale. The actual conveyance occurs when the title holder expresses their intent to transfer title to the other person. Transfer of the actual, physical deed does not need to happen, so long as the person clearly expressed their intention to make the conveyance.
The deed itself must be written, signed, dated, and should describe the land being transferred. Also, in order for a valid conveyance to occur, there should be no title defects (such as an improperly recorded title).
Can Conveyance Be Disputed?
Certainly, disputes over real property conveyances happen quite frequently. For instance, a conveyance can be disputed in situations involving:
- Attempts to convey property that one does not actually own
- Will or trust disputes
- Issues with defective titles
- Conveyances based on fraud or deceit
In cases where a conveyance (or a failure to convey) has resulted in losses, a lawsuit may be filed. This can result in remedies such as a damages award or a court injunction (such as an order requiring the defendant to transfer title to the buyer).
Do I Need a Lawyer for Help with Property Conveyances?
Conveying property to another person is a major undertaking and generally requires the assistance and guidance of a real estate lawyer. You may wish to hire a lawyer for help with real estate issues. Your attorney can help you with tasks such as drafting contracts, reviewing documents, and representing you in court. Also, your lawyer can advise you on the best way to proceed with a transaction.
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Last Modified: 02-05-2015 02:23 PM PST
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