Wrting about land or property contracts in movies and other fictions?

Discussion in 'Author Discussions' started by duurka, May 21, 2021.

  1. duurka

    duurka Well-Known Member

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    While reading one fiction I read it about person running away with land and property contracts which later turned under her name. How is that work ? or it is just a fiction ?
     
  2. emiliers

    emiliers Well-Known Member

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    Uh, it depends on the country.

    But generally, (in the United States at least) any real estate contracts/deeds need to be recorded with the government (specifically, the county assessor's office). If the previous owner of the deed failed to file the deed to transfer land ownership (despite already signing the contract), then the deed is not legally binding. However, you might be able to make a case in court for it to be filed retroactively, but that's a question for an actual lawyer. (And I also have never seen that happen anywhere except in movies.)

    And, unlike in movies, there's not like a piece of paper you can just take that'll automatically make you the owner of a property. There needs to be signed contracts and everything. And the signatories need to be (1) the original owner of the property (or a legally binding representative, as contractually chosen by said owner) and (2) the new owner of the property.

    Without more information, I have no idea what the person you're talking about ran away with. It does strike me as strange that they seem to be actual physical documents though. While copies of the deeds are made after transfer of ownership, that's all they are -- copies. The originals are filed with the state. And if you ever need proof of ownership, just call your local county assessor (and a lawyer, I guess); you don't really need a piece of paper for that. Unless, as I mentioned, they were signed and not filed, in which case they're not binding and would need a court of law to fix.

    EDIT: Thinking about it more, I can't actually imagine a scenario where the transfer of ownership deed is signed without actually being filed, since it needs to be notarized and everything. So yeah, calling shenanigans on this.
     
    Last edited: May 21, 2021
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  3. duurka

    duurka Well-Known Member

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    Thanks

    Also it is original contract
     
  4. Xian Piete

    Xian Piete Author of many mediocre stories

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    Sounds boring.
     
  5. Gandire Alea

    Gandire Alea [Wicked Awesome Translator]

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    If you are curious about how to write something like that, look up actual land deeds and contracts. Just cause it's fiction, it doesn't mean you can't use real life concepts. The author of Lord of the Rings essentially created a legal binding contract in his work.