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Illinois Quitclaim Deed Curing Encroachment

Category:
Real Estate - Deeds - Quitclaims
State:
Multi-State
Control #:
US-0607BG
Format:
Word; 
Rich Text
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Description

An encroachment involves a situation where a property owner violates the property rights of his neighbor by building something on the neighbor's land or by allowing something to hang over onto the neighbor's property. Encroachment can be a problem along property lines when a property owner is not aware of his property boundaries or intentionally chooses to violate his neighbor's boundaries.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Quitclaim Deed Curing Encroachment?

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FAQ

If you're the spouse receiving the property, once you remove your ex's name and the property is transferred to you by quitclaim deed, you own all of it. You should review your prior deeds or have an attorney review them for you to help ensure there are no defects in the title.

With a quitclaim deed, when you're getting the property, you're only getting what the grantor actually owns. If they don't really own the property, then you'll receive nothing. And you can't sue the grantor because they're not giving any guarantees.

Under the doctrine of after-acquired title, if a grantor attempted to convey title to land that he or she did not in fact own, but later obtains the legal title to that property, the property is held in trust for the prior grantee, and the conveyance is treated as if the grantor owned the legal estate at the time of ...

Quitclaim deeds are most often for transferring property between family members or to cure a defect on the title, such as a misspelling of a name.

Deeds are typically characterized based on the sort of warranties in title delivered by the grantor. For example, the general warranty deed provides the highest protection level to the buyer, while the quitclaim deed often provides the least in an Illinois buyer protection.

LEGAL FEES - ILLINOIS QUIT CLAIM DEEDS The fee is $150 (or $160 if paid by credit card). It will be your responsibility to get the transfer stamps (if necessary) and get the deed recorded with the County Recorder. There is nothing legal about obtaining the municipal stamp and recording the deed.

In summary, a quitclaim deed may not be suitable in situations where there is uncertainty about ownership, when a buyer wants protection against potential title issues, when obtaining a mortgage or refinancing, or in certain real estate transactions that require more guarantees and protections.

A quitclaim deed that transfers title to real estate from a grantor to a grantee. In Illinois, a quitclaim deed transfers title to the grantee without any warranties or covenants of title and is the form of deed customarily used in informal transactions or between related parties.

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