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State to State Real Estate Law

We all know that real estate practice and procedures, laws, and loan policies vary from state to state. What is correct and proper for transactions for real estate in Georgia may be totally incorrect for these another state. Sometimes, differences are due to the history, state. culture, or even climate.  Case in point: The San Francisco 1906 earthquake in California devastated the city of San Francisco. After rebuilding, a law was needed to deal with cases where buildings were not rebuilt exactly where they had been located prior to the earthquake.

In Santa Fe, New Mexico, title to land within the city was in dispute prior to the territory’s becoming a state. The United States Government had refused to recognize Spanish Land Grants (New Mexico was a Spanish colony until Mexico declared its independence from Spain. New Mexico became a US territory after the War with Mexico in 1845 and was not admitted to the Union until 1912). By law, the United States declared that all land within the Santa Fe city limits belonged to the US. When proof of title was made, the US Quick Claimed its interest to the City, and the City issued a City Deed. Thus, all title in Santa Fe can only be traced to the City and the admittance of New Mexico to the Union.

Many states have assets which affect the title to the property. Mineral rights and water rights often run separate and apart from the fee title to the property. In Texas and Louisiana, people reserve mineral rights in case oil is discovered on the property. In north Georgia, gold and especially marble were major concerns of persons reserving mineral rights.

For years, South Carolina refused to repeal English Common Law Dower Rights giving the wife interest in her husband’s property even though she may NOT have been on the title. It was required that the wife join in conveying away this dower interest, even though she wasn’t actually on the title. Further, when the wife signed the deed to divest herself of any dower rights, the husband had to be removed from the room to prove lack of coercion.

So, as you encounter laws, procedures, and practices of other states, be forgiving of those which seem strange, bizarre or different. We can all find unique aspects of our own real estate laws.