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  #1  
Old 12-05-2005, 10:15 PM
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Join Date: Dec 2005
Posts: 5

Do I have a clear title?


What is the name of your state?SC
I bought an acre of land from a friend of mine I'll call C.I got a copy of his deed from the Court House showing he owned the land,so I never did a title search.
But after I spoke with couple of lawyers they questioned if he had a clear title therefor do i have a clear title?
His father owned the land but after his death it went to his wife's name -B and 4 of their kids-Lw.,C.,V and J.In the deed I got It says "B and Lw are now deceased
(B is the mother and Lw is one of his brothers,who's never been married and never had any kids).At least that's what I know) and V and J are conveying their part of the property to C".My question is what happens with B and Lw's part of the land after their death?
Another thing the lawyers questioned is if the deed is legal.It was prepared by a surveyour(who's a public notary too) and they said he doesn't have the right to prepare a deed.Only lawyers can make a deed they said.But he makes deeds to A LOT of people.And I recorded the deed in the Register of Deeds.They didn't say anything about that.So,is it legal or not?I'm very confused right now,so please help me!
Thank you!
  #2  
Old 12-05-2005, 10:30 PM
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Join Date: Jan 2003
Posts: 19,140
The "deed" is only PART of what makes up "title" . Frankly, it is VERY foolish to have paid a penny for any RE without a full title search and title insurance.

Examples of what a title search would reveal:

Easements and deed restrictions of record. These can greatly impact use of a property. Recorded Right of Way.

Open mortgages. Judgements, liens against the real estate.

Leases. Options of record.

Partial interests that preceeded the present owner and were never conveyed out.

Bankrupcy, Divorce, Gurdianship actions that might have limited the rights of the owner of record to legally deed out the property.

Tax liens. Child support leins. Mechanics liens.

The actual, correct legal description of what the party who was selling actually still held at the time of sale.

Property taxes unpaid form prior years.

Environmental liens.

Land Contract sales,

Assigments of various interests.
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  #3  
Old 12-05-2005, 10:44 PM
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Join Date: Dec 2005
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I know I did a mistake,but I don't know anything about RE
And the question remaines:What can i do next?
  #4  
Old 12-05-2005, 11:58 PM
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Join Date: Jan 2003
Posts: 19,140
Get a title search and see what the title company can make out. You are not competent to sort through the title.

The deceased parties interests should belong to their respective estates or any joint tenants with whom they co-owned the property. I am sure you have a mess.
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