Rhode Island Partition Deed for Surface Estate
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How to fill out Partition Deed For Surface Estate?
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FAQ
What Is a Letter Warning of Partition Action? Before commencing a partition action, the party who wants to divide their interest in the property may send a letter warning of partition action. This provides a formal notice to the other owners of potential legal action.
A Rhode Island deed of trust conveys a property title from a person acquiring real estate financing to a ?trustee? as a means to secure a loan from the financier.
Recording Requirements § 34-11-1: A quitclaim deed in Rhode Island is submitted for filing with the Recorder of Deeds in the city or town where the property is located. There is no county-level recording in Rhode Island.
Rhode Island does NOT record by county. Recordings are to be sent to the appropriate City or Town recording office of the PROPERTY ADDRESS. All documents are returned immediately upon recording. If you are mailing in your document, please send to Property Records 43 Broadway Newport, R.I.
A partition action should be filed with the assistance of an experienced partition attorney. The cost of attorney fees in a simple, uncontested partition lawsuit could exceed $5,000 due to the amount of paperwork and filings. If the partition action is contested or overly complex, costs can exceed $20,000 to $30,000.
A warranty deed conveys an interest in real property to the named grantee with full warranties of title. Warranty deeds are statutory in Rhode Island under R.I.G.L. 34-11-15, and they convey real property in fee simple with the most assurance of title.
A warranty deed promises that the grantor holds good, clear title to a piece of real estate. It promises also that the grantor has the right and authority right to sell it to the grantee or buyer. A quitclaim deed, on the other hand, makes no promises about the quality of the title to the property.
A partition action is a legal remedy available to co-owners of real property, when they cannot agree on the use, management, or sale of the property. This action, as you mentioned, is brought to court to force the division or sale of the property, providing each owner with their fair share of the property's value.
