[WSBARP] land in Indian country

[scott at scottgthomaslaw.com]

Thanks for your insights, and Rob Wilson-Hoss' insights as well.  Yes, this
is trust land, and with your comments I am now starting to see how this
works.  The original leasehold was granted to a corporation to develop and
subdivide the land.  Individual lots were then subleased to others, who
constructed homes.  I couldn't understand why a SW deed would be used to
transfer the improvements.  As I mentioned, past transactions took different
forms.  So that now it is starting to make some sense.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of John McCrady
Sent: Tuesday, May 26, 2020 9:45 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] land in Indian country

 

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-governan
ce/> 

 

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98467

253-476-5721

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

 <mailto:Scott at ScottGThomasLaw.com> Scott at ScottGThomasLaw.com

 

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