What is a Cloud On Title?
Cloud on titles refers to a situation that sometimes occurs on deeds to various types of property. Sometimes referred to as a title defect, a cloud on title is simply a situation where there is some small irregularity with the title to a property. Often, these title defects are not noticed at the time that the deed is recorded, but tend to be noticed at a later date, such as when the current owner wishes to sell the property. In most cases, the details that result in a cloud on title are somewhat minor and can be corrected with a little effort. For example, the deed may have been filed with a minor spelling error in the physical address of the property, or even something along the lines of referring to the address as a street rather than an avenue or lane. With these types of issues, all that is normally required is the current owner filing a little paperwork to correct the situation. However, there are some examples of a cloud on title that may become a little more involved. One of th
Some confusion exists as to who actually owns a piece of property. Ya’ gotta remove it if you’re gonna sell. Quieting Title? The act of removing the Cloud on title. What’s an “addendum?” Additions, extras, changes, subtractions, etc. which become part of original agreement. What’s an Unlawful Detainer? A legal action brought by a landlord to regain possession from those who “forget” to pay rent. Why, when and to whom are documentary stamps paid? No stamps are issued any longer but it is a fee paid to the county when you transfer property to another. What is a counter offer to an offer to purchase? Seller’s acceptance of a buyer’s offer with the stated exceptions of price or any other terms therein. Breach of Covenant – what’s that? You make a promise (a covenant) and you break (breach) it. That’s a legal no-no. Why are Conditional or Nonconforming Use Permits necessary? When a new use is proposed for real property which is not in compliance with current zoning laws. What is a “Bene” (b
