Legal Question in Real Estate Law in California
40 acres promised in a family trust to two brothers.
As tenants in commond.
One brother, the trustee encumbered the 40 acres.
Both brothers sign Deeds: 20 acres each.
Is the encumbrance split between both brothers? CA.
Asked on 8/14/12, 10:41 pm
1 Answer from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
It sounds as though the trustee, who had legal title, but not complete equitable title, encumbered the entire property. So no matter what, both parcels would be subject to the existing deed of trust. Whether this was appropriate or not for the trustee to do would have to be evaluated by a competent attorney reviewing the trust instrument.
Answered on 8/15/12, 10:58 am
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
