#78 - What is Real Estate Title? (Pt. 1)
EAGLESTAR.NET LAND AND PROPERTY REVIEW
http://www.eaglestar.net
Issue #78
October 2, 2009
IN THIS ISSUE:
Properties of the Week:
- Canada, MO, NM, & OR
Real Estate Roundup:
- Understanding Real Estate Title, Pt. 1
Sponsor's Corner:
- Catawba Shores Estates, SC
Auction News:
- CA, IA, IN, MO, NM, PA, & WI
LandTerms.com Term of the Week:
- Attorney's opinion of title
"Property has its duties as well as is its rights".
- Thomas Drummond (Scottish civil engineer, b. 1797 - d. 1840), from a letter
to the Earl of Donoughmore, May 22, 1838
PROPERTIES OF THE WEEK
Renous River Property For Sale
Renous, Northumberland, New Brunswick, Canada
34.6 Acres - $29,900 (Canada)
Excellent salmon fishing, riparian rights, and large salmon holding pool. Ideal
cottage country - great location for RV or camper. Surrounded by thousands of
acres of Crown land with many lakes including McKendrick Lake, Catamaran Lake,
and Holmes Lake. Listing ID: 18385. Photos, map, and seller contact information
at http://www.eaglestar.net/rdl.html
Rio Rancho Estates Home Site
Rio Rancho, Sandoval County, New Mexico
1 Acre - $6,500
Rio Rancho is a suburb of Albuquerque about 15 miles to the northwest as the
crow flies. It is the fastest growing city in New Mexico. These two adjoining
1/2 acre lots are in one of the developed units. There are a lot of homes to
the southeast about one mile away. Listing ID: 25073. Photos, map, and seller
contact information at http://www.eaglestar.net/mtn3-.html
Lake View Home with Acreage
Protem, Taney County, Missouri
70 Acres - $399,000
Located a little north of the Missouri/Arkansas state line in a heavily wooded
70 acres overlooking the lake, this property adjoins the government take line
on Bull Shoals Lake and has a walkable path down to the water. Includes 2BR,
2BA home and pole barn. Listing ID: 25135. Photos, map, and seller contact
information at http://www.eaglestar.net/osv10-.html
Valley Falls Ranch For Sale
5,200 Acres - $4,250,000
Valley Falls, Lake County, Oregon
Over 5,200 deeded acres plus contiguous BLM and private lease for spring
turnout. All except 500 acres (with reservoir site) are tillable and
approximately 1,600 acres are flood-irrigated meadows. Two homes, two large
steel hay barns, livestock barn, 40 x 80 shop, good corrals with 32,000 lb.
scales and hydraulic squeeze. All the fences and improvements are in excellent
condition. This is one of the most efficient cow ranches in Southeast Oregon
running 550 to 600 mother cows year round. Listing ID: 19097. Photos, map, and
seller contact information at http://www.eaglestar.net/swngl1-.html
REAL ESTATE ROUNDUP:
Understanding Real Estate Title - Part 1
Q: What does "title" mean in terms of real estate?
A: In real estate, "title" refers to the right of ownership of real property,
as represented by the "Bundle of Legal Rights". It also refers to evidence of
that ownership by a deed. However, the deed itself is not title to real
property, merely evidence of it. Another way to think about title is as the
ownership or possessory interest one holds in real property.
Q: What is the "Bundle of Legal Rights"?
A: These are rights that come with ownership of real estate; a purchaser of
real estate actually buys these rights from the seller along with the land. The
rights define and describe the ownership of real property. They include the
rights of possession, control (within legal boundaries), enjoyment (use),
exclusion (prevent others from using), and disposition (transfer or disposal).
The term "bundle of rights", like many of our legal concepts, originates from
old English law, when the seller would give the buyer a handful of earth or a
bundle of sticks from the property. This was meant to represent that the buyer
now owned the land from whence the earth or sticks came.
Q: Is the title to my property a physical document that proves ownership of
real estate?
A: No. Title is the particular set of events, conditions, and/or circumstances
that would allow one to recover or retain ownership of real estate if that
ownership was challenged in court. These circumstances include physical
possession of the real estate; they also include the existence of a deed, which
should always be legally recorded. A deed is a written instrument that provides
evidence of ownership (title) of real property. A deed is also the document
used to transfer ("convey") title to real property.
Q: "Title" is often referred to along with "estates" and "tenancies". Do these
terms mean the same thing?
A: Not exactly, but they are very closely related. "Title" is ownership of or
interest in real property - it is also the right to possess the property.
"Estate" is commonly described as referring to the degree, quantity, nature, or
extent of that interest or right. "Tenancy" refers to the form of real estate
ownership or the way the interest is held (for example: renting vs. owning,
owning a property individually vs. owning it together with one or more other
persons).
In a legal, as well as practical, sense, the terms "title", "interest",
"right", and "estate" are largely synonymous with one another when used to
refer to real estate, especially when used in documents ("conveyances") that
transfer ownership to someone else. In the next few issues, we will look more
closely at the distinctions between these important real estate concepts.
Not all interests in real estate constitute title or an estate; the interest
must be possessory in nature. This means that the interest must allow one to
possess the real property, either now or in the future. Interest in real
property that allows use but not possession, such as an easement, is not
considered to be neither title nor an estate.
Q: Are there different types of title?
A: Yes. These include allodial, feudal, and the fee simple estate. In next
week's issue, we'll begin a more in-depth exploration of title, estate, and
tenancies, beginning with allodial title. Many believe that holding allodial
title prevents involuntary seizure of real estate by the government. Is this
really true? Join us next week to find out.
SPONSOR'S CORNER
Catawba Shores Estates
Rock Hill, York County, South Carolina
1 Acre - $49,900
Travel just 25 minutes from the world class city of Charlotte, and six minutes
off highway I-77, to discover a secret that is about to unfold. South Carolina
property for sale boasts stunning homes, built on lots of approximately one
acre, surrounded by the Catawba River and her neighboring lakes - a nature
lover`s paradise. Other South Carolina residential listings simply do not
compare. Listing ID: 25880. Photos, map, and seller contact information at
http://www.eaglestar.net/Detailed/25880.html
AUCTION NEWS
Browse thumbnail photos and short property descriptions at
http://www.eaglestar.net/Land_Auction_Calendar/index.html
7 Home Sites in Santa Lucia Preserve
Auction: Saturday, October 3, 2009
Carmel, Monterey County, California
2,000 Acres
Selling seven (7) homesites. Carmel’s most beautiful and exclusive community is
also one of America’s top golf communities. 18,000 acres are permanently
protected by a conservation easement. Privileged, pampered and fun at the Santa
Lucia Preserve. Listing ID: 25619. Photos, map, and seller contact information
at http://www.eaglestar.net/dle3-.html
Glendorn Estate Resort For Sale
Auction: Sunday, October 4, 2009
Bradford, McKean County, Pennsylvania
1,208 Acres
Glendorn is a 1,208-acre estate adjacent to Pennsylvania’s Allegheny National
Forest. This one-of-a-kind estate was created as a private retreat in the
1920s. Known for its world-class trout fishing, Glendorn currently operates as
a luxury Relais & Chateaux resort. Listing ID: 25421. Photos, map, and seller
contact information at http://www.eaglestar.net/ww8.html
Raw Land, 5 BR Home, and Equestrian Facility
Auction: Saturday, October 10, 2009
Muscatine, Muscatine County, Iowa
79 Acres
30 Acres for residential development along the Mississippi River. Ten 1-acre
waterview home sites, 1 with 5-bedroom home. 39-acre equestrian facility
overlooking the Mississippi River.
World-class equestrian center located on Wyoming Hill – the highest point in
the area. Listing ID: 25618. Photos, map, and seller contact information at
http://www.eaglestar.net/sth.html
Private Golf Course For Sale
Auction: Friday, October 23, 2009
Portage, Columbia County, Wisconsin
This beautiful 3,000-foot, par-34 golf course features tree-lined fairways with
Kentucky bluegrass and Wisconsin fescue, and bentgrass greens. The property is
only minutes from Wisconsin Dells. Sells absolute - regardless of price.
Listing ID: 25879. Photos, map, and seller contact information at
http://www.eaglestar.net/crw6-.html
Large Tract with Private Lake
Auction: Tuesday, October 27, 2009
Spurgeon, Pike County, Indiana
131 Acres
The real estate consists of 127.7 acres by deed and 131 acres by survey in
southern Pike County along CR 1200 S, east of Spurgeon, & only 8 miles north of
I-64 & Lynnville, IN. This land is reclaimed mine ground that offers an
abundance of outdoor experiences, including a 15-acre lake that provides great
fishing. There is a wonderful cabin or home site situated overlooking the lake.
Listing ID: 25876. Photos, map, and seller contact information at
http://www.eaglestar.net/mdvs.html
Historic Irvin Ranch For Sale
Auction: Tuesday, November 10, 2009
Harrisonville, Bates County, Missouri
3,420 Acres
The Historic Irvin Ranch is a true working cattle ranch located just minutes
from the luxuries of the city. This property is one of the largest contiguous
ranches in western Missouri. It will be offered in tracts and combinations for
the first time at auction. Listing ID: 25821. Photos, map, and seller contact
information at http://www.eaglestar.net/snydr.html
Seneca Valley Farms For Sale
Auction: Thursday, November 19, 2009
Clayton, Union County, New Mexico
9,813 Acres
The Seneca Valley Farm property features 6,105 deeded acres with 3,976
irrigated. In addition, there are 3,550 acres of leased land. Don’t miss this
excellent investment opportunity. All the components to operate as a complete
farm / livestock property. It is being offered in 19 tracts and can be
purchased by individual tracts, combination of tracts, or as a whole. Listing
ID: 25822. Photos, map, and seller contact information at
http://www.eaglestar.net/bsn.html
LANDTERMS.COM TERM OF THE WEEK
http://landterms.com
Each issue we feature a real estate, forestry, natural sciences or other
land-related term from our partner site, LandTerms.com.
Attorney's opinion of title
An evaluation of the status or validity of a title to real property by an
attorney qualified to examine such titles.
See also "Certificate of title", "Chain of title", and "Abstract of title".
Find thousands of land-related terms, definitions, articles, abbreviations,
quotations, and more at Landterms.com! Click on the "Categories" button at the
top of each page to see the list of over 35 categories.
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#32 - Tenancy in Severalty: September 1, 2008
#31 - Square Meters vs. Meters Square: August 31, 2008
#30 - Using Photos to Sell Property: August 18, 2008
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#28 - Horsing Around #1: August 4, 2008
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#26 - Should You Evacuate a Wildfire?: July 21, 2008
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