§ 34-4-27. Title to real estate — Trusts. (a) Property to be held in trust shall be conveyed to the trustees of the subject trust. An affidavit or memorandum of trust may be recorded in connection with the creation, amendment, restatement, or revocation of a trust. Any transfer or mortgage of trust property by the […]
§ 34-4-28. Title to real estate — Trusts — Conveyance to named trust. Notwithstanding the provisions of § 34-4-27, title to real estate derived from a conveyance to a named trust by an instrument in which the trustees are not named as grantees is not on that account defective, and the conveyance shall be deemed […]
§ 34-4-29. Governmental covenants and restrictions. Notwithstanding anything in this chapter to the contrary, nothing in this chapter shall be deemed to limit the duration of expiration of any restriction, whether recorded or not, that is contained in the written decision of any governmental body, agency, or permit-granting authority. If said covenant or restriction is […]
§ 34-4-3. Purported grant of estate greater than owned by grantor. A conveyance made by a tenant for life or for years, purporting to grant a greater estate than he or she possesses or can lawfully convey, shall not work a forfeiture of his or her estate, but shall pass to the grantee all the […]
§ 34-4-30. Conveyance to or by nominee trust. (a) Notwithstanding the provisions of § 34-4-27, title to real estate conveyed to a nominee trust or to the trustee of a nominee trust and conveyances of real estate by a trustee of a nominee trust are not on that account defective, and the conveyance shall be […]
§ 34-4-4. Expectant estates not dependent on precedent estates. No expectant estate shall be defeated or barred by an alienation or other act of the owner of the precedent estate, nor by the destruction of the precedent estate by disseisin, forfeiture, surrender, or merger, nor shall a contingent remainder be defeated by the termination of […]
§ 34-4-5. Bar of estates tail preserved — Defeat of expectancies provided for by grantor. Sections 34-4-3 and 34-4-4 shall not be construed to prevent the barring of estates tail in the manner provided in §§ 34-4-14 — 34-4-18, nor to prevent an expectant estate from being defeated in a manner provided for or authorized […]
§ 34-4-6. Trustee of timber land subject to life estate. When it appears that wood and timber standing on land, the use and improvement of which belongs, for life or otherwise, to a person other than the owner of the fee in the land, have ceased to improve by growth, or ought for any cause […]
§ 34-4-7. Sale or mortgage of real estate subject to contingent remainder, executory devise, or power of appointment. When real estate is subject to a contingent remainder, executory devise, or power of appointment, the superior court may, upon the petition of any person who has an estate in possession in the real estate, and after […]
§ 34-4-8. Notice of petition for sale — Representation of minors and parties not ascertained. Notice of a petition for sale shall be given in such manner as the court may order to all persons who are, or may become, interested in the real estate to which the petition relates, and to all persons whose […]
§ 34-4-9. Management of proceeds of sale — Supervision by court. The trustee or trustees appointed under § 34-4-7 shall give bond in such form and for such an amount as the court may order, shall receive, hold, and invest the proceeds of any sale, and shall pay, apply, and distribute the proceeds, and any […]
