• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Legal Capacity to execute Easements

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
G

gravity shadows

Junior Member
What is the name of your state (only U.S. law)? Ohio

Situation: A husband and wife purchase a parcel of real property and hold it in fee simple as joint tenants. They both are legal residents of Ohio, a non-comunity property state, at all times prior to and during their ownership of the parcel. The parcel is located in the state of Ohio.

Questions #1. Does the husband possess the legal capacity to encumber the jointly owned property by signing an Easement Agreement without the signature of the wife?

Question #2. If challenged in court, how likely would it be that a court would find the easement to be void due to the lack of capacity of the husband to encumber the jointly owned property without the wife's signature?
 


H

HomeGuru

Senior Member
gravity shadows said:
What is the name of your state (only U.S. law)? Ohio

Situation: A husband and wife purchase a parcel of real property and hold it in fee simple as joint tenants. They both are legal residents of Ohio, a non-comunity property state, at all times prior to and during their ownership of the parcel. The parcel is located in the state of Ohio.

Questions #1. Does the husband possess the legal capacity to encumber the jointly owned property by signing an Easement Agreement without the signature of the wife?

Question #2. If challenged in court, how likely would it be that a court would find the easement to be void due to the lack of capacity of the husband to encumber the jointly owned property without the wife's signature?
Click to expand...
**A: is this for homework?
 
L

latigo

Senior Member
Questions #1. Does the husband possess the legal capacity to encumber the jointly owned property by signing an Easement Agreement without the signature of the wife?
Click to expand...
Answer: No

Question #2. If challenged in court, how likely would it be that a court would find the easement to be void due to the lack of capacity of the husband to encumber the jointly owned property without the wife's signature?
Click to expand...
Answer: See #2

Neither a joint tenant, a tenant by the entirety, or a tenant in common can unilaterally sell or encumber the commonly owned property.

In fact in Ohio neither spouse can can create a lien upon household personal property without the consent of the other. Regardless of which or both own the property. (Ohio Statute Section 1319.06 Husband and wife must join in chattel mortgage on household property.)
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top