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Holding Title
as answered in The Breeze by Attorney Sylvia E. Heldreth

My husband owns a small business and would like to build a new store on an empty lot next to a lot we already own. Luckily, before we purchased the second lot, we discovered that the use of that property for my husband's type of business is restricted because it used to be owned by the mother of one of his competitors. Can we build on the lot we own and use the restricted lot for parking?
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I've noticed a sign on a development off MacGregor Blvd. in Fort Myers that says "Deed Restricted holdingtitle." What does that mean?
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I've been a full-time resident of Cape Coral for 26 years. My wife and I own property which we received by Warranty Deed. We've been married for 62 years. What procedure do I go through to put our only child on our deed. He's 58 years old. Also, can we still get homestead exemption with his name on the new deed? Our ages and health are not too good. We would like to get him set up so when I or my wife expire, the property is his.
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Our son was recently married. He thought he had a perfect credit rating but when he applied for a mortgage, he discovered that there were several serious errors that would have taken months to correct. So my husband and I purchased the home for him. Our names are on his mortgage and the deed, although he is making the payments. Can we use a quitclaim deed to put the property into his name? Can we deduct the interest? Can he deduct the interest?
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My wife and I got a divorce last year and she gave me a deed to a rental house we owned together. I have kept the deed in my safe deposit box and never recorded it because I didn't know I was supposed to. Now I am trying to sell the property and I am told that my ex-wife gave a deed to another person who has recorded their deed. I am also being told that this other person's deed is now superior to mine. How can this be? I got my deed first.
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I am always hearing that when property is sold or purchased, the seller's title is checked. Isn't title just the same as a deed?
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I'm about to be divorced and my husband is going to keep our ugly little house. My husband wants me to sign a quitclaim deed, my boyfriend thinks I should sign a grant deed, and my mother says "get a warranty!" What's the difference?
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My father has been living in a house that was quitclaimed to him by his father. The quitclaim also had rights of survivorship. My grandfather died recently and I have discovered that the quitclaim was notarized and witnessed but never filed in the recorder's office. Does this mean that the house is part of my grandfather's estate? Is it too late to get a new deed and if not, what type?
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My sister is thinking of buying property that has a "deed restriction". What does this mean? Is it the responsibility of her real estate agent to explain it to her?
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I own a small warehouse in Cape Coral and it has taken me several months to find a tenant. We signed a lease and she opened for business two weeks ago. Now I'm receiving complaints that her business violates zoning laws. It this is true, where does this leave me with my tenant?
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My sister is thinking of buying a house. The seller will be financing the sale and won't agree to pay any closing costs. Doesn't the deed from the seller take care of giving clear title so that my sister could save money by not getting title insurance?
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My husband and I are buying a house that we know has been in the sellers' family for decades. We are tempted to skip the title search and not bother with buying title insurance. We are very confident that the owners really own it. They are even willing to finance the sale for us. Does that seem OK?
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I don't believe in insurance. I have heard that I must buy title insurance. How often is it used? Do property owners even really benefit from it? Has it ever really protected anyone?
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My sister and I would like to purchase a large lot together. We believe that the property will increase in value very soon. Is co-ownership of land possible and, if so, how should we do it?
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This information is not intended as specific legal advice to anyone and is based
upon facts that change from time to time. Individuals should seek legal counsel
before acting upon any matter involving the law.

1215 Miramar St., Cape Coral, FL 33904
Telephone: 239-542-8899, Facsimile: 239-542-2923

Contact Us: Heldreth1@aol.com