real property. in mexico, a notary is a specially-trained lawyer with authorization to act in a...
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Real Property
In Mexico, a notary is a specially-trained lawyer with authorization to act in a quasi-official capacity.
Barring evidence of corruption or gross error, documents produced by a notary are accepted at face value as official.
Notary—Notario
A notary in the United States can be a secretary (almost never a lawyer) who compares signatures (checks drivers license). In Latin communities in the United States, there are a lot of frauds by people saying “in Spanish” they are Notarios, because they know what this means to other Latin Americans.
Notary—Notario
Los instrumentos públicos notariales son cinco: 1. La escritura; 2. El acta notarial; 3. El testimonio; 4. La copia certificada; y, 5. La certificación.
http://www.colegiodenotarios.org.mx/?a=72
Es el instrumento original que el notario asienta en los folios para hacer constar bajo su fe, uno o varios actos jurídicos (manifestaciones externas de la voluntad para producir consecuencias jurídicas), que firmado (o con huella) por los comparecientes, el notario autoriza con su sello y firma autógrafa.
1. ESCRITURA
1. ESCRITURA
Real Property Alienation: Deed
Poder Notarial: Power of Attorney
public deed
Estates
Fee Simple Absolute
Fee Simple Defeasible
The estate can be removed for a specific reason established in the granting document.
Broadest form of ownership
Estates
Fee Simple Absolute
Fee Simple Defeasible
♦ Fee Simple Determinable
♦ Fee Simple Subject to Condition Subsequent
♦ Fee Simple Subject to Executory Limitation
Estates
Fee Simple Absolute
Fee Simple Defeasible
♦ Fee Simple Determinable
To A for as long as the property is used for a museum. Grantor has possibility of reverter. Reversion is automatic.
Estate terminated if specific condition occurs
Estates
Fee Simple Absolute
Fee Simple Defeasible
♦ Fee Simple Subject to Condition Subsequent
Condition followed by a right of entry
To A, but if not used as museum. Grantor has right of entry. Grantor must take action for A to lose the property. Not automatic.
Estates
Fee Simple Absolute
Fee Simple Defeasible
♦ Fee Simple Subject to Executory Limitation
If event occurs, automatically goes to third party.
To A, but if not used as museum, to B. B has an executory interest.
Estates
Fee Simple Absolute
Fee Simple Defeasible
♦ Fee Simple Determinable
♦ Fee Simple Subject to Condition Subsequent
♦ Fee Simple Subject to Executory Limitation
Estates
Fee Simple Absolute
Fee Simple Defeasible
♦ Fee Simple Determinable
♦ Fee Simple Subject to Condition Subsequent
♦ Fee Simple Subject to Executory Limitation
Life Estates
Estates
Fee Simple Absolute
Fee Simple Defeasible
Life Estates
Grants the holder the use of the estate for the duration of a life.
Then can pass by reversion to the grantor
or by remainder to another.
Estates
Fee Simple Absolute
Fee Simple Defeasible
Life Estates
Grants the holder the use of the estate for the duration of a life.
If the life of another person, calledpur autre vie
"for the life of another"
Estates
Fee Simple Absolute
Fee Simple Defeasible
Life Estates
Present Possessory Estate
Reversion or remainder are
FutureEstates
Reversion if the estate “reverts” to the grantor
Remainder if the estate goes to another
Co-Ownership
Joint Tenancy
Tenancy in Common
Right of Survivorship
No Right of Survivorship. Passes by inheritance or other transfer.
Tenancy by the Entirety
Only between husband and wife. Right of Survivorship.
Co-Ownership
Joint Tenancy
1. Time. Must acquire at the same time.
2. Title. Must acquire in the same document.
3. Possession. Same rights to possession.
4. Interest. Equal interests.
Co-Ownership
Joint Tenancy
Can sell each interest, but then the tenancy becomes tenancy in common.
Tenancy by the Entirety
In case of divorce, the tenancy becomes tenancy in common.
Next Class:
Leaseholds