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Effecting Transfer of Real Property – What Deed to Use?

There are many types of deeds that are used when transferring property or title. Below are four types of deeds that can be used to transfer title, each of them serving for different purposes: What is a Deed? A deed is a written instrument that conveys or transfers the title to real property. There are several types of deed a transferor can use to transfer title. Each type of deed has a distinct meaning and purpose relating to what the transferor is warranting when they are transferring the property. What is a Grant Deed? The “grant deed” is the document most commonly used to transfer title to real property in California. When a grantor executes a grant deed, he or she impliedly promises: (1) that before

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Posted in Grant Deed, Land and Property, Quiet Title

What is an Equitable Servitude?

An equitable servitude is a legal term that is used, in the context of real property, to describe a non-possessory interest in land that operates much like a covenant running with the land.  In other words, it operates very much like a restriction on the use of land. Indeed, in certain situations, if restrictions on the use of property do not meet the requirements of covenants running with land, they still may be enforceable as equitable servitudes. In other words, courts can enforce promises regarding the use of land “even though the person who made the promise has transferred the land to another.” (Cebular v. Cooper Arms Homeowners Ass’n (2006) 142 Cal.App.4th 106, 122 citing Marra v. Aetna Construction Co. (1940) 15 Cal.2d 375, 378.)

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Posted in Contracts/ Agreements, Equitable Servitude, Grant Deed, Leases

Recording Deeds with Documentary Transfer Tax Considerations

Recording deeds with the county recorder’s office is not as easy as it may seem.  Our real estate attorneys have recorded deeds, encumbrances, deeds of trust and all sorts of title related documents in nearly every county in Southern California.  Our cases in Riverside County, San Bernardino County, Los Angeles County, Ventura County, Tulare County, Orange County and throughout the State of California have allowed us to gain experience with variety of documentary transfer tax issues that arise when recording documents. As background, in order to clear encumbrances to title of real estate, property owners must often record quitclaim deeds or grant deeds or other documents recorded at the local county recorder’s office. When recording quitclaim deeds or grant deeds in Los Angeles County, the County

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Posted in Grant Deed, Quit Claim

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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