Articles Tagged with land title

underwood-exceptions-in-title-report-300x300Exceptions in a title report, also called a preliminary title report, make a potential buyer aware of issues with the property. Exceptions are important as they may limit what title insurance a buyer is eligible for and may prevent the sale of property altogether.

What is a title report?

A title report is used when conducting a sale or purchase of real estate to help a buyer make an informed decision. A title report is provided by a title insurance company after escrow is opened. It is a document that includes details about the property’s owners, recorded liens against the property, other encumbrances or debts, and conditions. (Ins. Code. § 12340.11.) 

Underwood-Blog-Images-5-300x300Ejectment is an action brought by a party seeking to recover a possessory interest or claim of title in a piece of real property. Typically, an ejectment action arises when a titleholder to a piece of property has been wrongfully excluded or withheld from the property. Therefore, ejectment applies only to those cases where an individual actually has possessory title to the subject property.

Ejectment is a possessory action used to recover possession of land or a piece of real property to a plaintiff in possession who has been wrongfully ousted from the property by the defendant. (Fuller v. Fuller (1917) 176 Cal. 637, 638, 169 P. 369].) In simpler terms, ejectment allows a party to retake possession of real property that the party was wrongfully removed from.

A claim of ejectment is a common issue in disputes over the real property where the parties are seeking to establish who holds title to or an interest in the subject property. Specifically, under Code of Civil Procedure section 3375, an individual who is entitled to specific real property may recover by a judgment for its possession or an order requiring a defendant to deliver possession of the property. (CCP § 3375.) At Underwood Law Firm, our attorneys are more than familiar with ejectment actions and the requirements needed to prevail on an ejectment claim. 

Underwood-Blog-Images-1-1-300x300The deed to a property is the most important document a property owner has. It describes the title and its associated rights while operating as the grant of the property itself. But not all deeds are created equal. 

While grant deeds and quitclaim deeds are the most common tools for transferring title, they carry different warranties and convey fundamentally different property interests. These differences are immensely important, as they determine what rights a property owner actually has. The Underwood Law Firm, P.C. encounters both types of deeds with frequency and has the familiarity and skill to help titleholders understand their rights.

What is a deed?

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