STANDARD NO. 903

 

 

PROBLEM:

Following maturing of a tax lien, a municipality conveys to the deceased former owner, who had conveyed or devised the property to the present proponent of title:

    1. Should the examiner consider the interest of the municipality to have been effectively passed to the proponent?
    2. Does it make any difference if the conveyance by the deceased former owner was by warranty deed?
    3. Suppose the conveyance by the town were to the "heirs" (not named) of the deceased former owner?

RECOMMENDATION:

    1. No. The purported conveyance to the deceased person is a nullity, since there is no grantee.
    2. No.
    3. In this situation the examiner should consider the interest of the municipality to have passed to the heirs.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First adopted August 28, 1962. Formerly Title Standard No. 49.

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