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RECORD TITLE Charles Szypszak

RECORD TITLE Charles Szypszak. Real Property. Land Buildings Fixtures Minerals. Ownership Rights Record Title, or Record Owner Not necessarily the same. Parties’ intent as expressed in instruments governs ownership rights Public records govern title

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RECORD TITLE Charles Szypszak

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  1. RECORD TITLE Charles Szypszak

  2. Real Property • Land • Buildings • Fixtures • Minerals

  3. Ownership Rights Record Title, or Record Owner Not necessarily the same

  4. Parties’ intent as expressed in instruments governs ownership rights • Public records govern title • Government regulations (including tax obligations) exercise police power, do not control ownership or title

  5. Real Estate Transfers • In writing to bind grantor • Registered to bind third parties

  6. Land registration • Cadastre • Conveyance recording: CONSTRUCTIVE NOTICE Recording statutes: • Race-notice • Notice • Race

  7. Records Affecting Title Registers of deeds (land records) Other public records: superior courts • Probate • Lis pendens (pending litigation) • Judgments affecting title

  8. Other Transfers • By operation of law • Survivorship • Inheritance

  9. Registration Priority • Date and time presented for registration (“filing entry”) • Order in which presented

  10. N.C. race recording: first to register properlywins

  11. Place of Recording In each county in which the land lies If two counties Certified copy obtained Recorded original and copy taken to next county

  12. Priority Example • January 1, 2005 – Jones to Brown • January 2, 2005 – Jones to Smith • January 3, 2005 – Smith records • January 4, 2005 – Brown records What if Smith knew about the conveyance to Brown?

  13. Priority Example • 1st: Original Owner deeds Lots 1 and 2 to Forgetful • 2nd: Forgetful records Lot 1deed (not Lot 2 deed) • 3rd: Forgetful deeds Lots 1 and 2 to Unlucky Buyer, Unlucky Buyer records deed for both • 4th: Forgetful records deed from Original Owner for Lot 2

  14. Did anyone else acquire a recorded interest in Lot 2 from Original Owner (or Forgetful) before Unlucky Buyer recorded?

  15. Person County – Easement not recorded here Rowe -By deed 1987 Walker Orange County – Walker recorded easement in 1970, described to be in both counties Right of way

  16. Deeds • Required to convey rights: • Description sufficient to identify • Grantor’s signature

  17. Deeds • Ownership form • Tenancy in common • Joint tenancy with survivorship • Tenancy by entireties: married couples • Estates • Fee simple • Life or limited estate • Warranties • General warranty • Special warranty • Quitclaim

  18. Property Descriptions • Metes and bounds • Monuments • Plan reference • Incorporation

  19. Conflict Hierarchy • Natural monuments • Artificial monuments • Courses and distances • Acreage • References to subdivisions prevail over descriptions

  20. Deed: “from a monument 450 feet easterly, to a monument, thence turning and running south . . . “ Actual distance between monuments: 400 feet.

  21. Adverse Possession • Open, notorious, exclusive, continuous • 20 years (7 if color of title) • 30/21 if state property

  22. Rerecordings • 1. Re-signed and re-acknowledged – will convey what it describes as of that date • 2. Statement of explanation, including clearly marked and initialed changes - explains • 3. “Altered” original instrument or certified copy of original instrument - ?

  23. Easements • Express • Implication • Necessity • Prescription

  24. Legal Effect of Corrective Instruments 1. Informational • Statement of explanation • Affidavit • Rerecorded original or copy without new signatures Does not change legal effect of previously registered instrument • Newly executed instrument Binds third parties when registered

  25. Record Title: Who has it and how do I know? (And why do I care?) Shea Denning

  26. Why collectors care . . . • GS 105-366 authorizes the tax collector to proceed against personal property to enforce payment of delinquent taxes • Personal property “owned by the taxpayer” may be seized • Who is the taxpayer?

  27. Who is the taxpayer? GS 105-273(13) • Generally • The owner of the property • The person with the duty to list property • But, for purposes of collecting delinquent ad valorem taxes assessed on real property pursuant to GS 105-366 through GS 105-375, “taxpayer” means • The owner of record on the date the taxes become delinquent (generally, the date interest accrues) • And any subsequent owner of record of the real property if conveyed after that date • Note: This taxpayer is not always the listing owner.

  28. Tax Records • Abstracts exist for all real property • Every county has permanent listing • The assessor, rather than the taxpayer, is responsible for listing real property • Property must be listed in name of owner of record as of GS 105-285 listing date • Ownership is determined as of January 1 • Exception: Exempt property transferred before July 1 is listed in name of transferee • Property owners still must list new improvements and separate rights in real property

  29. Rules for Listing Real Property: GS 105-302(c) • Property subject to a mortgage or deed of trust listed in name of owner of equity of redemption • House owned by Hannah Lane subject to a deed of trust in favor of Southland Bank with Andrew Allen as trustee is listed in name of Hannah Lane • Property owned by corporation, unincorporated association, or partnership listed in name of entity • Property held in connection with sole proprietorship is listed in name of owner with name and address of proprietorship noted • John Adams d/b/a Adam’s Apples • Property of which a decedent dies possessed is listed in names of heirs or devisees • Listed as property of “the heirs” or “the devisees” of the decedent until they give assessor notice of their names and interests • If title held by trustee or guardian, listed to trustee or guardian, noting capacity • Jane Jeter, trustee

  30. Rules for Listing Real Property: GS 105-302(c) • Property subject to life estate, listed in name of owner of life estate • Martha Black, life estate • Property owned by tenants in common listed in name of all owners • Property owned by husband and wife as tenants by the entirety listed in both names, with tenancy by the entirety noted • Tom and Tina Smith, tenants by the entirety • Improvements listed in name of owner • Mineral rights listed in name of owner of rights • If owner is unknown or title is in dispute, list property in name of occupant • If not occupied, in name of “unknown owner” • Property owned under a time-sharing arrangement managed by another entity, listed in name of managing entity

  31. Corrected Listings: GS 105-302(b) • If real property is listed in the name of one other than the person in whose name it should have been listed, and the name of the proper person is later ascertained, the tax records must be corrected to list the proper person • The corrected listing has the same force as if it had been listed correctly all along

  32. SO YOU THINK YOU CAN list?

  33. Audition No. 1 • Diane Developer owns several condominium buildings, numbered 1 through 4. Each building contains four separate condominium units, identified as units A – D. • In April 2007, Diane Developer transferred to Portia Purchaser a parcel described in the deed as “unit A, building 1, lot 3, phase 8, Courtside Condominiums, map 3, page 12.” • Buildings 3 and 4 (and the units therein) are mapped on page 12, but building 1 appears on page 11. • What property, if any, do you list in Portia Purchaser’s name?

  34. What property is listed to Portia Purchaser? • Unit A, Building 1 • Unit A, Building 3 • Unit A, Building 4 • None of the above

  35. Audition No. 1, Part 2 • Lee Lawyer records in March 2008 a deed signed by Diane Developer which states that it is correcting the deed to Portia Purchaser recorded in April 2007. • The March 2008 deed transfers to Portia Purchaser “unit A, building 1, lot 3, phase 8, Courtside Condominiums, map 3, page 11.” • The 2007 taxes on unit A, building 1, are delinquent. Against whom can you use enforced collection remedies?

  36. The 2007 taxes on unit A, building 1, are past due. Who is responsible? • Diane Developer • Portia Purchaser • Lee Lawyer • Both 1 and 2

  37. Who is the listing owner for 2008? • Diane Developer • Portia Purchaser

  38. Audition No. 2 • Anna Adams transferred parcel 123 to Beth Brooks by warranty deed recorded in Rowan County, where the property is located, on July 23, 2006. • Parcel 123 was listed in Beth Brooks’ name in 2007, since she was the owner of record on January 1, 2007. • On February 1, 2007, a state court judge entered an order declaring the July 23, 2006 deed void. • How should the property be listed for the 2008 tax year? • Should the 2007 listing be amended? • The 2007 taxes on parcel 123 have not been paid. Against whom may you exercise enforced collection remedies?

  39. How should the property be listed for the 2008 tax year? • Anna Adams • Beth Brooks

  40. Should the 2007 listing be corrected? • Yes • No

  41. The 2007 taxes on Parcel 123 are past due. Who is responsible? • Anna Adams • Beth Brooks • Both Adams and Brooks

  42. Audition No. 3 • A deed was recorded on November 7, 2005 at Book 466, page 124, in Wake County in which Mary Anne Walker transferred parcel 345 to the following grantee: • Mary Anne Walker or Allen Walker, Trustees, or their successors in trust, under the Mary Anne Walker Irrevocable Trust No. 1. • How should the property be listed in 2006? • Mary Anne Walker or Allen Walker, Trustees • Mary Anne Walker died in May 2007. Her will has been probated and the estate closed. Her will provides: • One share I give, devise, and bequeath to my son, Allen Walker. The other share I give, devise, and bequeath to my grandchildren, Walker Lane and Elizabeth Walker. • How should the property be listed in 2008?

  43. How should the property be listed in 2008? • Allen Walker, Trustee • Devisees of Mary Anne Walker • Allen Walker, Walker Lane and Elizabeth Walker

  44. Audition No. 4 • Gabby Geddings transfers parcel 789 by warranty deed recorded December 22, 2007 to Alice Graham, her 14-year-old granddaughter. • How should the property be listed for 2008? • Gabby Geddings

  45. Audition No. 5 • Roger Randolph purchased Lot 26 in Ashe Place in 1948. A warranty deed was recorded in the Burke County Register of Deeds office reflecting the transfer. Roger completed construction of a house on the property in December 1951. • Roger married Teeny Lawson on February 3, 1952. • Roger and Teeny lived together in the house until his death in November 2007. They had 4 children. • Roger died without a will. How should the property be listed for 2008?

  46. How should the property be listed for 2008? • Teeny Lawson Randolph • Heirs of Roger Randolph • Unknown Owner

  47. Audition No. 6 • Parcel #1212 is owned by David and Jane Jones as tenants by the entirety • A Separation and Property Settlement Agreement was recorded by the Chatham County Register of Deeds on January 19, 2006. • The agreement states: “As to real property, the parties agree that the husband will sign the deed and title to the mobile home and property located at Longleaf Lane to the Wife.” • A deed transferring the property to Jane Jones was recorded August 27, 2007. • How should the property be listed for 2007?

  48. How should the property be listed for 2007? • David Jones and Jane Jones • Jane Jones

  49. Grand Finale • Property located at 11 Hwy 10 West, Raeford, NC, is owned by Todd and Norma Sims as tenants by the entirety. • A divorce settlement, incorporating the separation agreement, is filed with the Hoke County Register of Deeds on November 13, 2007. • The separation agreement states: “The Wife hereby conveys and releases unto the Husband all of her right, title and interest in said real property. The legal descriptions contained in the deed wherein the parties took title to the property are incorporated herein by reference. This is a completed conveyance and does not remain executory; however, to further evidence this transaction, the Wife shall execute and deliver to Husband a quitclaim deed for the property.” • No deed transferring the property from Norma Sims to Todd Sims has been recorded. • In whose name should the property be listed for 2008?

  50. In whose name should the property be listed for 2008? • Todd Sims • Todd Sims and Norma Sims

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