Rachel inherited property in the Bronx through her grandmother's will. She now wants to sell the property to Kevin. Rachel is concerned because she never received a deed from her grandmother's estate. What should Rachel's attorney advise regarding the transfer to Kevin?
Correct Answer
A) Rachel can convey title using a quitclaim deed referencing her inheritance
Under New York law, an heir who inherits property through a will (devise) or intestate succession can convey title without receiving a deed from the estate. Rachel acquired title by inheritance, and she can convey this title to Kevin using any appropriate deed type. A quitclaim deed referencing her inheritance would be suitable and clearly indicates the source of her title.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The chain of title is the sequential history of all transfers of ownership for a specific property, from the original source (typically a government patent or grant) to the present owner. An unbroken chain is essential for marketable title.
The closing process, also called settlement, is the final step in a real estate transaction where documents are signed, funds are disbursed, and title is officially transferred from the seller to the buyer.
Constructive notice is the legal presumption that a person has knowledge of information that is available through public records or visible inspection of the property, regardless of whether they actually knew about it.
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Susan is selling her property in Long Island and the buyer's attorney requests that she provide a deed with a covenant against her own acts but no other warranties. What type of deed should Susan's attorney prepare?
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Under New York law, which covenant in a deed warrants that the grantor has not done anything to encumber or impair the title during their ownership?