Can a deed naming a defunct school be used by an unnamed church?

Full question:

Can a deed that names a school (that no longer exists) as owner be used by a church that is not named in the deed and has never been transferred to the church?

  • Category: Real Property
  • Subcategory: Easements
  • Date:
  • State: Mississippi

Answer:

A deed establishes ownership of real property. The use of the property may be determined separately. A prescriptive easement can arise if someone uses another's property openly, notoriously, and without permission for a legally defined period, which varies by state. Such easements can be hard to identify since they do not appear on title reports, and their exact location or use may change over time.

If the church has been using the property without permission, it may be able to claim a prescriptive easement. However, this only affects part of the property, like a pathway. State law will specify the requirements for establishing a prescriptive easement.

There may also be questions about transferring title from the school, which no longer exists. It would be advisable to consult a local attorney experienced in real property issues. A quiet title action might be necessary to facilitate a transfer to the church.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

For a deed to be valid, it generally must include the names of the grantor and grantee, a description of the property, and the grantor's signature. However, the presence of witnesses is not always required in every state. Always check local laws for specific requirements.