Here, the right-of-way document does not contain a warranty of title clause.
See id. Such a release indicates the conveyance of an easement, because if a fee interest had been conveyed, the railroad would have a complete right to build and operate a railroad over the land and no damages release would be necessary … [A] release clause indicated that the railroad would be appropriating and occupying the land. Such language implies use, not ownership. Such a release would be unnecessary and incongruous with the acquisition of a fee simple interest in the property.
Another factor to be considered is the recitation of specific rights granted to the railroad by the documents. Analogous to the Brookbank series of cases, if the parties intended the railroad to receive a fee simple interest in this land, this language would be surplusage because such rights would naturally belong to the railroad as holder of the fee.
We therefore conclude that the trial court did not err in determining that the document granted a right-of-way and not a fee simple title. However, similar to the agreement in Mackall, no deed was conveyed or recorded. See A. The referenced clause merely refers to some action which might have occurred in the future.
But it did not. Malkan further contends that the trial court erred in failing to find that the document passed title by the doctrine of equitable conversion. He correctly contends that it is well established in Pennsylvania that when an unconditional agreement for the sale of land is signed, the purchaser becomes the equitable and beneficial owner through the doctrine of equitable conversion. See Byrne v.
- Posts navigation.
- arin whois ip address search;
- carver county mn circuit court records.
- new cars gmc dealers location?
- how to trace someone ip address?
Kanig, A. The language of the document in this case clearly and unambiguously conveys only a right-of-way to a Pennsylvania corporation for the sole use as a railway. The language is clear and unambiguous that any conveyance of the right-of-way must be made to a Pennsylvania corporation for the sole purpose of building a railroad. Thus any conveyance to a non-corporate entity or to a corporation not incorporated under Pennsylvania law is void ab initio, as is any conveyance made to an entity which did not intend to operate a railroad on the property.
Malkan argues that the abandonment of the railroad is a question of fact that the trial court improperly determined. There is no question that the railroad tracks have been removed and Malkan has not used the property as a railroad in the two decades it has owned the property. As many times as you are required to sign, it should be followed with an acknowledgement and a seal.
Welcome To New Jersey
Is the name and address of the preparer required for recording purposes? Yes, this is one of the requirements and it will be rejected for recording without being placed on the document. Can you inform me of any liens, mortgages, or encumbrances on a specific property? No, this requires a title search to be performed, therefore, we have no legal authority to provide you with this information.
If you are looking for the status of a specific encumbrance release, assignment, etc. Who owns a certain property?
- department of motor vehicles accident report form;
- birth certificate county cuyahoga ohio.
- birth certificate for icel layman cockrell.
- deleware county real property search.
We can find a deed by name only in our office. If you have only an address, you may call the Fayette County Property Assessor and request the taxpayer for a certain property. Their phone number is Can you provide me with recording information for a specific document? Yes, as long as you can provide us with the needed information to locate the document, we can inform you of date, time and volume and page number.
Can you check to see if a deed of trust has been released? Yes, we can inform you of the attempt to release a deed of trust, but we will make no legal claim as to the accuracy of the document. What was the selling price for a property? If property was conveyed by a warranty deed, it requires either an oath of consideration or a statute as to why it might be an exempt document divorce, creating tenants, etc. We can give you the amount placed on the oath, and sworn to as the actual consideration or value, at the time of recording.
Any and all documents which evidence indebtedness.
Fayette County Recorder Of Deeds in Uniontown, PA with Reviews - epykasoteqyv.tk
What are your hours of operation? Our office is open Monday-Friday from am — pm. Which documents require the Oath of Consideration?
Our office requires an oath on all transfers unless there is a Tennessee statute cited as to why it is an exempt document. If claiming an exemption from taxation, the deed must be accompanied by an original and fully completed Affidavit of Value. If multiple documents constituting one transaction are submitted, the order of recording must be clearly indicated. The party submitting the documents is responsible for any re-recording expenses resulting from an improper order of recording. Any corrective documents must include a reference to the document being corrected, as well as the reason for correction.
A corrective deed must also include a Statement of Value and a recorded copy of the document being corrected.
A re-recorded document must be acknowledged again, and must also include the reason for re-recording. When submitting a deed that pertains to property in more than one municipality, the percentage of local transfer tax for each municipality must be stated. Statement of Value: A Statement of Value is necessary whenever 1 the full consideration is not set forth in the deed, 2 when the deed is without consideration or is by gift, or 3 a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on familial relationship or public utility easement.
If the transfer is between family members, the relationship must be stated on the deed. The Statement of Value must be completed in its entirety and submitted in duplicate with a reason for the exemption and the amount of exemption. A Statement of Value must also be submitted for easements and rights-of-ways.