[WSBARP] land in Indian country

[John McCrady]

If I understand your scenario, the warranty deed is appropriate since the improvements would constitute real estate even though severed from the land.
I think the warranty deed would be appropriate for a long term lease also, since that would be a real estate interest also.
Don't forget to contact BIA if this is tribal land; they have an additional recording system and specific requirements.
There is a helpful article here<https://revenuedata.doi.gov/how-it-works/native-american-ownership-governance/>

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.

***Due to the Covid 19 outbreak and with concern for the health and safety of our employees and community; our University Place lobby will remain locked during normal business hours. If you need to make an appointment or have any questions or concerns, please contact us at our main office at 253-474-4747. We appreciate your patience during these uncertain times and look forward to consistently exceeding your expectations.***

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott at scottgthomaslaw.com
Sent: Sunday, May 24, 2020 9:50 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] land in Indian country

I am trying to understand the preferred practice to record a transfer of property in Indian country.  PC is purchasing a home built on a lot in a residential real estate development situated within a reservation.  The lot is leased to the seller, and the property to be purchased by PC consists primarily of the lot improvements, i.e., the structure and landscaping.  I had always thought that an assignment of lease and a bill of sale would be adequate to transfer all of seller's interests in this context.  But in some transactions I am seeing a statutory warranty deed also recorded to transfer the leasehold interest (i.e., all 3 recorded simultaneously).  The lease assignments and the deeds describe the same property.  Is this a belt and suspenders approach, or am I missing something?

Scott G. Thomas
Thomas Law Group, P.S.
1204 Cleveland Ave.
Mount Vernon, WA  98273
Scott at ScottGThomasLaw.com<mailto:Scott at ScottGThomasLaw.com>




-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200526/0387d5db/attachment.html>