Had someone ask me the other day how many ways there were for property to change hands. (Yes, they meant real property.)
I thought I had a pretty good idea on the various ways but thought it might be interesting to see what sort of list this group could come up with.
Deed
(Through a purchase)
(Via Gift)
Eminent Domain
Adverse Possession
Inheritance
Original Grant from the government
Are there other ways?
Yes, yes, I know that one party could "give" land to someone else without actually drafting a deed but absent that writing I'm not convinced any transfer actually happens. Every state I know of requires that this type transaction be done in writing.
Larry P
I think the list is fairly complete, but I would add acquiesce and distinguish this from adverse possession. Here in Houston, some believe that Real Property can be transferred by city ordinance. I think that’s hockey puck.
Conquest
Dedication (as on a map or plat)... but that would just be another form of a Deed
CC&R grant... yet another Deed form
perhaps most common in todays world:
Title transfered to taxing agency for non payment... can't think of a term for it at the moment
Title transfered to lein holder
Title transfer to mortgage holder... but they already had title 😉
I remember a professor asking that in class, and the class could come up with about 5 answers. He went on to name about 10 to 15 methods and legal theories by which property can transfer. In addition to what you named, Estopple, aquiencenes, boundary by agreement are a few he talked about. I believe they were out lined in the first or second chapter of the Brown book we were uning in the class. I'm out of the office, but I'll try to find that book later, becaue I know there are some odd ball answers I'm forgetting.
Erosion and Accretion
:beer:
Pretty good start. Other observations:
Eminent Domain is the theory but does not transfer. Condemnation transfers.
If no will then inheritance. If will, then it's bequeathed. If no heirs and no will, then escheat to the state.
Real Property is real estate and the bundle of rights. So, got to include prescription and abandonment.
Foreclosure.
Lost.
Acts of god like erosion of an entire parcel.
I'm out, anyone think of more?
court order/divorce-
death of owner/no heir=> reversion to the state.
"Where the location of a true boundary line between coterminous owners is known to either of the parties, or is not uncertain, and is not in dispute, an oral agreement between them purporting to establish another line as the boundary between their properties constitutes an attempt to convey real property in violation of the statute of frauds (I.C. §§ 9-505 and 55-601) and is invalid. But, where the location of the true boundary line is unknown to either of the parties, and is uncertain or in dispute, such coterminous owners may orally agree upon a boundary line. When such an agreement is executed and actual possession is taken under it, the parties and those claiming under them are bound thereby. In such circumstances, an agreement fixing the boundary line is not regarded as a conveyance of any land from one to the other, but merely the location of the respective existing estates and the common boundary of each of the parties." DOWNING v. BOEHRINGER 349 P.2d 306 (1960)
I don't know the technical term for it
But many years ago we did a survey of a platted subdivision (beautifully drafted old plat) that was never deeded. No one was shown as the owner on tax records so a fellow started paying taxes and (I assume) took possesion of the property. Adverse Possession?
Andy
acquiescence - but then that falls into adverse possession
edit: missed gene's post
I don't know the technical term for it
...lands forfeited for nonpayment of taxes,and a redemption deed was issued by the State...
:beer:
> Erosion and Accretion
>
> :beer:
I hear ya Dan but I'm not sure I would count that as land changing hands. Land that was "made" or "destroyed" hasn't exactly been transferred from an owner to a different owner.
Good thought though.
Larry P
> Eminent Domain is the theory but does not transfer. Condemnation transfers.
>
Good point. When I was coming up with my list I hadn't thought it through fully.
Larry P
Acqisitive prescription
and not really 'changing hands' so to speak
Prescription
Predial servitudes
usufructs
partition, judgement of possession
theft (oops....someone already said adverse possession).
.......how about moving the monuments? Buying your old retired surveyor some beer...?
Quiet title (sort-of, but not really I guess. If some other people have "claim" to the same land you do, and they do not protest the quiet title action, their "interest" might be considered to be transferred).;-)
Seriously though, I think you got a good list there.
Treaties and Declarations.
AS3
Read Brian Allen's Post, Above
Acquiesence and boundary by agreement are not methods of conveyance. They fix the location of an otherwise indefinite line, defining its location regardless of whether a more accurate location could have been determined by the descriptions.
Apparently, you missed Brian's response to Gene's post as well. Acquiesence and AP are quite different in operation though often confused since both are based upon actual occupation.
AP transfers property when certain conditions have been met and when the limits of occupation differ from a previously definite line. The line of occupation claimed to by AP would have been established in spite of or without regard to the true line.
Acquiesence does not transfer property but makes definite the location of a line which had not been made definite prior to that location. A more accurate location determination may have been possible by a competent surveyor from the written description, but the line was defined lacking that accuracy and has been recognized long enough to overcome a later location more accurately following the description(s). A line recognized as the true line by acquiesence would have been established with the intent of marking the true line.