Legal Question in Real Estate Law in Virginia

Property

What control do you have when someone gifts you property?


Asked on 3/08/07, 3:18 pm

3 Answers from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: Property

Dear LawGuru Friend,

The other two lawyers have answered you correctly. A donee (one to whom property is given) has just as much control over it as a vendee (one who purchases property). Nevertheless, donations in a chain of title cause title examiners to raise "red flags"; for, among other reasons, donations of immovable property (land and buildings thereon) are subject in some cases to being attacked for such things as "ingratitute of the donee" and for being excessive and/or subject to "{collation" and "reduction", two concepts that are defined in the articles of the LOUISIANA CIVIL CODE. Your question would make a good law school exam question, if the professor would ask your question and the say, "Answer and discuss your answer!" Good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 3/13/07, 9:15 pm
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Property

I do not really understand the question. If someone makes a gift of real property to another the recipient generally becomes the owner. This may best be accomplished by a Deed of Gift, recorded in the locality where the property is located. The recipient may take the property subject to any liens, mortgages, etc. already recorded.

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Answered on 3/08/07, 3:22 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Property

Normally, complete control since you're then the owner of record(or should be such after the deed of gift is properly recorded).

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Answered on 3/08/07, 5:16 pm


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