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The Importance Of “Rights” When Buying A Property

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The Importance Of Rights When Buying A PropertyWhen buying real estate there are certain standard rights usually included, unless the property has an encumbrance that in some way causes an exclusion as noted in the sale.There are also additional rights that may or may not be in the sale, which may represent significant value.

Standard Real Estate Ownership Rights

The standard rights conveyed to the owner of the title deed for a property include:

  • Possession: Possession is a legal word for ownership. Possession occurs after closing on the purchase of a property, receiving the title, and recording the sale with the county office where the property is. Anyone who has a claim against the property files a lien with the county for the amount of the claim. These can be on behalf of the mortgage lender, a tax authority, a building contractor, and others who win a judgment award, in the courts, against the property owner.
  • Control: The buyer of the property gets control over it, subject to any prohibitions under law or rules of a homeowners’ association (HOA) called “covenants and restrictions.” Be sure to read all the details of the HOA rules (if any). Investigate any county and city restrictions as well to understand allowed uses of the property.
  • Exclusion: Owners of private property control who uses it, with the exception of any easements that may exist. Common easements allow utility companies and municipalities access to some portion of the property. These may be found in the zoning regulations or indicated in the title documentation. Less common easements, allow others to cross the property or have an access road to get to other properties.
  • Enjoyment: This permits the owner to use the property in any legal manner. For example, if not prohibited by any HOA rules, county laws, or other restrictions, a new property owner can do whatever they like on their property, such as put up a pig farm or fill the yard with broken-down automobiles. However, there are usually rules and laws that prohibit this type of “enjoyment.”
  • Disposition: This right allows an owner to rent, sell, or transfer the property when desired. However, any liens have the ability to have priority to block a sale or transfer until they are fully satisfied.

Special Real Estate Ownership Rights

There are additional rights that may be included in the sale or not, which include:

  • Mineral Rights: These rights include anything found underground such as valuable metals, gemstones, minerals, natural gas, and oil. If these rights do not sell with a property, it is possible that a third-party will own them and have the right to come onto the property to extract them.
  • Water Rights: If there is any natural water available to the property, such as lakes, rivers, streams, water wells, and underground aquifers, these water rights can be sold, or not, with the property.
  • Air/View Rights: These rights may include all the air above the property and the views from the property. These rights become important in congested areas where construction on an adjacent property might block a view, put the property in a shadow, or inhibit desirable breezes.

Title Insurance

Most real estate transactions close with the help of a title company. The title company does the research to determine the included rights and any encumbrance by liens. Title insurance is protection for the home buyers that there are no claims, which remain unidentified in the closing documents by the title company.

Ownership of property comes from holding the title to it. The documentation of the title is the deed. When a sale occurs, creating a new deed transfers the title of the property along with any rights associated with it.

Summary

Knowing the rights when buying a property is a part of being a well-informed buyer. All rights that are available for a specific property are valuable. The rights included the sale (or lack thereof) create the full value of the real estate.

Be sure to partner with a trusted real estate agent and home mortgage professional to assist you with all of your real estate needs.

What’s Ahead For Mortgage Rates This Week – June 3rd, 2019

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What’s Ahead For Mortgage Rates This Week – June 3rd, 2019Last week’s economic news included readings from Case-Shiller on home prices and pending home sales. Readings on consumer confidence and weekly reports on mortgage rates and new jobless claims were also released.

Case-Shiller: Home Price Growth Slows in March

While home prices continue to rise throughout the U.S., they are growing at a slower pace. Case-Shiller reported that Home prices dropped 0.20 percent in March to a growth rate of 3.70 percent on a seasonally-adjusted annual basis. Case-Shiller said that March home price growth was the lowest rate reported in 10 years.

Top cities for home price growth in March were Last Vegas, Nevada with a seasonally-adjusted year-over-year home price growth rate of 8.20 percent; Home prices rose 6.10 percent in Phoenix, Arizona and increased by 5.30 percent in Tampa, Florida. These three metro areas suffered steep declines in home prices during the recession.

Home prices are no longer growing at double-digit rates, and the West Coast is no longer experiencing rapid growth of home prices previously reported in Seattle, Washington, San Francisco and Los Angles California metro areas. Analysts said that while home-buyers continue to seek homes in temperate climates, they are no longer looking in high-cost coastal metro areas. New York City was the only metro area reporting a month-to- month negative growth rate in home prices, but it is already one of the highest cost housing markets in the nation.

Pending Home Sales Fall for 16th Consecutive Month

According to the National Association of Realtors®, the annual rate of pending home sales fell for the 16th consecutive month in April. The Midwest region was the only region to report growth in pending home sales with a reading of +1.30 percent growth. Northeastern regional pending sales fell by -1.80 percent. Pending home sales dropped -2.50 percent in the South and fell by -1.80 percent in the West. Real estate pros and mortgage lenders track pending home sales as an indicator of future home sales closed and mortgage loan volume.

Mortgage Rates Fall as New Jobless Claims Rise

Mortgage rates fell across the board last week in response to uncertainty in global markets. Rates for 30-year fixed rate mortgages fell seven basis points to 3.99 percent; rates for 15-year fixed rate mortgages averaged 3.46 percent and fell five basis points. Rates for 5/1 adjustable rate mortgages fell an average of eight basis points to 3.60 percent. Discount points averaged 0.50 percent for fixed rate mortgages and 0.40 percent for 5/1 adjustable rate mortgages.

Weekly jobless claims rose to 215,000 initial claims and matched expectations. Analysts did not find last week’s increase of 3000 new claims filed an indicator of weakening economic conditions.  Unemployment remains near an all-time low set in 1968.

Consumer confidence as reported by the University of Michigan’s consumer sentiment index was revised to reflect a dip in consumer confidence after tariffs on Chinese imports were imposed. Consumer confidence dropped to an index reading of 100.0 as compared to May’s initial reading of 102.4.

What‘s Ahead

This week’s scheduled economic reports include readings on construction spending and labor sector reports on private and public sector job growth and the national unemployment. Weekly reports on mortgage rates and new unemployment claims will also be released.

Case-Shiller: Home Price Growth Slows in March

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Case-Shiller Home Price Growth Slows in MarchCase-Shiller Indices reported slower home price growth in March with a 3.70 percent gain year-over-year as compared to 3.90 percent home price growth for the year-over-year period in 2018. This was the slowest pace of home price growth in seven years.

The 20-City Home Price Index showed Las Vegas, Nevada as having the top year-over-year home price growth rate of 8.20 percent; Phoenix, Arizona had year-over-year home price growth of 6.10 percent. Tampa, Florida had the third highest growth rate for home prices at 5.30 percent. Analysts said that all three cities continue their recoveries from deep home price declines during the recession.

Did Home Prices Grow Too Fast?

David M. Blitzer, managing director and chairman of the S&P Dow Jones Index Committee, said that given strong economic signs in other sectors, housing should be doing better. He said that too-high home price gains may have caused slowing growth in home prices as fewer prospective buyers can afford skyrocketing home prices in many metro areas.

The 20-City Home Price Index showed New York City was the only metro area posting a negative growth rate in March; this was attributed to the region’s already high home prices. Fluctuating mortgage rates likely sidelined some prospective home buyers, especially first-time and moderate income buyers.

The U.S. Department of Housing and Urban Development reported that home affordability reached a ten-year low in the end of 2018. Coupled with short supplies of affordable homes and builders focusing on high end housing development, shortages of affordable homes are expected to continue, particularly in high demand metro areas.

Slower home price growth indicates that the rapid rise in home prices in recent years aren’t sustainable as fewer prospective buyers can afford to buy homes or cannot qualify for purchase money mortgages. When home prices rise faster than inflation and wages, home buyers encounter more challenges in their searches for affordable homes.

 

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