Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Jack Deer

Jack Deer has started 11 posts and replied 77 times.

Quote from @Chris Davidson:

The environmental liability is high people want to do their due diligence, and why would  a seller not go for a commercial loan and take a bit more money.


Ditto on that.
Quote from @Peter Walther:

In my opinion, no title insurer should or will give you legal advice as to what the language you quoted means or how it might affect title.  If you know a title agent who also happen to be a Texas attorney, if you retain him/her they might be able to parse the language.

I can respect that.

Bruce Lynn, Tom Gimer

Thank you for your responses and for confirming my suspicion.

Quote from @Greg H.:
Quit claim deed for administrative purposes is acceptable in Texas and will not create any future title issues.  Instances such as these or the reverse, spouse to spouse in divorce and the like are the primary uses.  Saying that, there is no good reason not to use a general/special/warranty deed

That is also how I have understood it.
I was the sole owner of a property in Texas that I sold to an investor sometime last year. He also requested a QC from my wife.

In addition, I bought a piece of real estate in Colorado that had two deeds.
A QC from the wife and a GW from the owner (the husband).

Quote from @Ben Pupa:
The shed isn’t the problem. It’s getting torn down anyway. The problem is the recorded conflicting surveys. My buyer wants to develop the lot and resell it, and doesn’t want to run into this title issue when selling. 
I understand the part about the shed. How about the encroachment? It
doesn't look like much. Couldn't you just give it to the neighbor and
have a clean survey done? Try to approach the neighbors and ask if they
would be good with that. Get something in writing.

No legal opinion, but wouldn't it kind of cover your "end" if you reported this to the police?

Assume that something goes wrong. Would you be responsible in some way?

The world is no longer fair these days.

I'm thinking about buying a lot that has the same issue as this. I want the lot; I just don't want to find out later that the encroachment is much more than the 2'+ around the shed.

I'm researching everything and have already posted here in the hopes that someone might share an idea.

Just a thought! How hard is it to move the shed and be done with the problem? Sometimes, being right is expensive.

I'm looking into buying a property, and while doing some title research, I noticed that the seller's "General Warranty Deed" says this:

Exceptions to Conveyance and Warranty:

Any and all liens, covenants, conditions, reservations or other matters affecting title to the real property. Easements or claims of easements which are not recorded in the public records of Dallas County [The property is not in Dallas County] or reservations of coal, lignite, Oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records. Any encroachments. encumbrances, violations. variations or adverse circumstances affecting the title. Any portion of the property herein described which falls within the boundaries of a road or roadway

Grantor, for the Consideration and subject to Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever.

Then, following the metes and bounds, it says this:

The company is prohibited from insuring the area or quantity of the land described herein Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override item 2 of Schedule B hereof.

Am I right to be alarmed? Is his deed anything better than a quitclaim deed?

Post: Late fees on Commercial lease.

Jack DeerPosted
  • Posts 77
  • Votes 27
Quote from @Richard F.:
Yes. The lease is for vacant land.

Post: Late fees on Commercial lease.

Jack DeerPosted
  • Posts 77
  • Votes 27
Quote from @Bob Solak:

Commercial landlords aren't generally throwing grandmas out on the street.   

The Tenant in this scenario is a National company, with interest, offices, and assets across the continent.