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Equitable conversion information


Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property at the time he/she signs a contract binding him/her to purchase the land at a later date. The seller retains legal title of the property prior to the date of conveyance, but this land interest is considered personal property (a right to the payment of money, rather than a right to the property[1]). The risk of loss is then transferred to the buyer – if a house on the property burns down after the contract has been signed, but before the deed is conveyed, the buyer will nevertheless have to pay the agreed-upon purchase price for the land unless the seller in possession or deemed in possession has failed to protect it. Such issues can and should be avoided by parties by stipulating in the contract who will bear the loss in such occurrences. The above rule varies by jurisdiction, but is the general rule.

  1. ^ "Conveyancing Adelaide". E Conveyancing Adelaide. Retrieved July 18, 2014.

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Equitable conversion

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Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property...

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Maxims of equity

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possible the legal phenomenon of equitable conversion. The consequences of this maxim, and of equitable conversion, are significant in their bearing...

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Lien

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liable for conversion and surrendering the lien. In common-law countries, equitable liens give rise to unique and complex issues. An equitable lien is a...

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Conversion

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civilian markets Equitable conversion, a change in the nature of property so that real property is treated as personal property Conversion disorder, a condition...

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Equitable interest

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In law, an equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that...

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Equitable

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(law) Equitable remedy Equitable servitude Equitable distribution Equitable tolling Equitable conversion Equitable ownership (beneficiary) Equitable score...

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Estoppel

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precluded from asserting a specific claim. Estoppel is traditionally an equitable doctrine. Accordingly, it is sometimes said that any person wishing to...

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Subrogation

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law, but can also arise by statute or by agreement. Subrogation is an equitable remedy, having first developed in the English Court of Chancery. It is...

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Allodial title

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title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title Escheat Future use control Restraint on alienation...

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Warranty deed

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title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title Escheat Future use control Restraint on alienation...

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Estate in land

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her husband curtesy—interest a husband has in the property of his wife Equitable estates: neither ownership nor possession Future interests — interests...

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Real estate

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title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title Escheat Future use control Restraint on alienation...

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Injunction

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An injunction is an equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. "When a court employs...

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Overreaching

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claimed by the party is 'overreached'; this conversion is often referred to as the doctrine of equitable conversion. If only one owner exists, there is a risk...

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Index of real estate articles

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Enforceable Environmental Protection Agency Equal Credit Opportunity Act (ECOA) Equitable title Equity Equity of redemption Escheat Escrow Escrow account Escrow...

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Life estate

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derived from English law, the law divides into common law and equitable law. A claim under equitable law cannot usually defeat a claim to title from a bona fide...

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Fee simple

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title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title Escheat Future use control Restraint on alienation...

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Personal property

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not extinguished by alienation of the property; liens may be real or equitable. Many jurisdictions levy a personal property tax, an annual tax on the...

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Nemo dat quod non habet

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in trover for the full market value of those goods as of the date of conversion. Since the true owner retains legal title, the seller is liable even in...

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Equitable servitude

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An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running...

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Specific performance

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Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such...

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Quitclaim

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title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title Escheat Future use control Restraint on alienation...

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Usucaption

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title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title Escheat Future use control Restraint on alienation...

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Bailment

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this will be normal tort damages. Plaintiff may elect also to sue for conversion, either in the replevin or trover, although these are generally considered...

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Community property

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In other jurisdictions, such as Texas, a divorce court may decree an "equitable distribution" of community property, which may result in an unequal division...

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