Deed Of Donation Without Land Title In North Carolina
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Alleging Grounds for Invalidity: The plaintiff must provide evidence to support their claim that the deed is invalid. This may involve demonstrating that the deed was entered into under duress, coercion, fraud, misrepresentation, lack of capacity, illegal purpose, or other grounds recognized by law.
One is a document, while the other is a legal concept. When someone owns a property outright, they have both legal title and a deed. However, there are circumstances where you can have one without the other.
"A deed seeking to convey an interest in land "is void unless it contains a description of the land sufficient to identify it or refers to something extrinsic by which land may be identified with certainty." Overton v. Boyce, 289 N.C. 291, 293, 221 S.E.2d 347, 348 (1976).
Drafting of legal documents, including deeds, mortgages, and other transaction documents must be prepared by a NC attorney. NCGS § 84-2.1. Non-attorneys may provide limited services in a real estate closing including witnessing of closing documents and receipt and disbursement of closing funds.
If a party can show the transaction occurred only due to undue influence, then the deed is voidable and capable of being rescinded.
A deed can be void if the grantor is found to be not mentally competent, if it was signed by a minor or if it was forged.
Use Transfer-on-Death Deeds North Carolina has allowed transfer-on-death (TOD) deeds since 2011. TOD deeds let you keep full ownership and use of real estate during life. At death, the named beneficiary files paperwork to claim ownership outside of probate. This option avoids probate hassles and expenses for families.
"A deed seeking to convey an interest in land "is void unless it contains a description of the land sufficient to identify it or refers to something extrinsic by which land may be identified with certainty." Overton v. Boyce, 289 N.C. 291, 293, 221 S.E.2d 347, 348 (1976).
Because of the lack of title guarantees, quitclaim deeds are most often used to transfer property between two parties who know and trust each other, such as family members.
Steps to Transfer Property Consult Legal Counsel. Seek advice from a real estate attorney or legal advisor specializing in property transfers to family members. Prepare the Deed. Execute the Deed. Record the Deed. Consider Tax Implications. Gift Deeds. Inheritance.