Legal
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Fee Simple Title
Ownership of property is often described as a "bundle of rights." Where the bundle is split, one person can hold the surface rights of a 100-acre parcel, including the ability to build a structure, graze cattle, farm, etc., while another person holds the subsurface (or mineral) rights. Explore the meaning of fee simple ownership of property.
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Holding Title
If you are considering adding someone to the title of your property for estate planning purposes or taking yourself off title in favor of someone else while still wanting to live on the property, it is important to understand the possible consequences of such changes. Learn more about the different ways of holding title to property.
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Homestead
There are three types of homestead protection: a declaration of homestead, a probate homestead and a residential exemption. Explore what homesteading property means.
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Landlocked Parcels
The most common reason that a parcel is landlocked is that the owner of a parcel that does have access to a public road sells the portion of the parcel with road frontage or access and retains a separate parcel but neglects to keep a deeded access easement across the parcel with public road access.
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Legal Entity Ownership of Real Property
There are two keys to understanding the change of ownership rules that apply to legal entities: the proportional ownership of the entity vis-a-vis the real property, and the concept of change of control of the entity. This page discusses impacts of legal entity ownership of real property.
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Legal Non-Conforming Use
The law provides that pre-existing lots or structures that were legal when created or built but would now be prohibited or restricted under current zoning regulations or building codes are called "legal nonconformities."
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Power of Attorney
Powers of attorney are most commonly associated with estate planning, during which persons create durable powers of attorney for health care and for managing their assets in case of incapacity. Another use of powers of attorney is for handling matters concerning real property when the owner of the real property is located in a different location or has other reasons for having an agent handle the property but is not incapacitated.
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Private Restrictions on Real Property
Discover more about condominium and town house restrictions, what they can include, part of title report, and private agreements.
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Problems with Title to Real Property
Learn more about the concept of quieting title to property where title is not clear.
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Property Boundary Disputes
One of the most frequent questions that property owners ask of the Assessor is the location of the boundary between their property and that of a neighbor, or the location of their property line in relationship to the edge of a public right of way, such as a street. Learn more about boundary disputes.
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Public Administrator
If the heirs of a decedent's Estate with property in Napa County are not able to handle the Probate of the Estate, the family can refer the Probate matter to the Napa County Public Administrator to handle the Estate.
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Trusts & Ownership of Property
For both tax-planning and other reasons, many legal and financial advisors recommend that their clients create a trust to manage their assets. Read more about the role of trusts in owning real property.
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Understanding Easements
Property owners and prospective buyers often ask about easements that impact the property they own or are interested in buying. Easements are a private matter settled in court.