Title 42 — Real Property.
57 chapters · 1,018 sections in this title.
D.C. Code § 42-841.12 Accepted bidder’s right to possession of real property after foreclosure sale acquisition
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Repealed Repealed.
D.C. Code § 42-842.01 Required deliveries to auditor
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Repealed Repealed.
D.C. Code § 42-842.02 Time deadline for deliveries to auditor
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Repealed Repealed.
D.C. Code § 42-842.03 Claims by subordinate interest holders
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Repealed Repealed.
D.C. Code § 42-842.04 Distribution of foreclosure sale proceeds
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Repealed Repealed.
D.C. Code § 42-842.05 Auditor’s reports on foreclosure procedures and distributions
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Repealed Repealed.
D.C. Code § 42-842.06 Recording of auditor’s report on foreclosure sale procedures; presumption of validity of foreclosure sale and limitation of actions; use of auditor’s report on the distribution of foreclosure sale proceeds and deficiency for deficiency judgment
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Repealed Repealed.
D.C. Code § 42-843.01 Pre-conditions for conveyance of real property
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Repealed Repealed.
D.C. Code § 42-843.02 Conveyance of real property and distribution of foreclosure sale proceeds
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Repealed Repealed.
D.C. Code § 42-843.03 Duties of purchaser at foreclosure sale
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Repealed Repealed.
D.C. Code § 42-844.01 Determination of auctioneer’s fee
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Repealed Repealed.
D.C. Code § 42-844.02 Determination of attorney’s fee
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Repealed Repealed.
D.C. Code § 42-844.03 No waivers by borrowers or owners
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Repealed Repealed.
D.C. Code § 42-844.04 Standard of conduct
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Repealed Repealed.
D.C. Code § 42-844.05 Land installment contracts
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Repealed Repealed.
D.C. Code § 42-844.06 Rulemaking authority
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Repealed Repealed.
D.C. Code § 42-844.07 FTE authority to implement this chapter
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Repealed Repealed.
D.C. Code § 42-844.08 Reporting to Council
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Repealed Repealed.
D.C. Code § 42-844.09 Standards for approval of subprime loan programs
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Repealed Repealed.
D.C. Code § 42-844.10 Acceptance of mortgage or deed of trust by the Recorder of Deeds
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Repealed Repealed.
D.C. Code § 42-846.01 [Reserved]
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[Repealed or reserved.]
D.C. Code § 42-846.02 Applicability
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Repealed Repealed.
D.C. Code § 42-901 Ownership of real estate by aliens
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The Act entitled “An Act to better define and regulate the rights of aliens to hold and own real estate in the territories,” approved March 2, 1897 (48 U.S.C. §§ 1501 -1507 ), be, and the same is hereby, amended so as to extend to aliens the same rights and privileges concerning …
D.C. Code § 42-902 Ownership of legations or residences by representatives of foreign governments
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An Act entitled “An Act to restrict the ownership of real estate in the territories to American citizens, and so forth,” approved March 3, 1887, be so amended that the same shall not apply to or operate in the District of Columbia, so far as relates to the ownership of legations,…
D.C. Code § 42-903 Resident agent required for care and maintenance of vacant property owned by nonresidents
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(a) Any person who is the owner of vacant property in the District of Columbia and who is not a resident of the District of Columbia must appoint or employ an agent who is a resident of the District of Columbia. This person shall be authorized by the owner and shall be responsibl…
D.C. Code § 42-1001 “Power” defined
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A power is an authority to do some act in relation to lands or the creation of estates therein or of charges thereon which the owner granting or reserving such power might himself lawfully perform.
D.C. Code § 42-1002 General power
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A power is general where it authorizes the alienation in fee, by means of a conveyance, will, or charge, of the lands embraced in the power to any alienee whatever.
D.C. Code § 42-1003 Special power
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A power is special: (1) Where the persons or class of persons to whom the disposition of the lands under the power is to be made is designated; (2) Where the power authorizes the alienation, by means of a conveyance, will, or charge, of a particular estate or interest less than a…
D.C. Code § 42-1004 Beneficial power
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A general or special power is beneficial where no person other than the grantee has, by the terms of its creation, any interest in its execution.
D.C. Code § 42-1005 Giving of absolute power — To owner of limited estate
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Where an absolute power of disposition, not accompanied by any trust, shall be given to the owner of a particular estate for life or years, such estate shall be changed into a fee, absolute in respect to the rights of creditors and purchasers but subject to any future estates lim…
D.C. Code § 42-1006 Giving of absolute power — To owner of unlimited estate
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Where a like power of disposition shall be given to any person to whom no particular estate is limited, such person shall also take a fee, subject to any future estates that may be limited thereon but absolute in respect to creditors and purchasers.
D.C. Code § 42-1007 Giving of absolute power — Where no remainder on grantee’s estate
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In all cases where such power of disposition is given and no remainder is limited on the estate of the grantee of the power, such grantee shall be entitled to an absolute fee.
D.C. Code § 42-1008 Construction of power to devise inheritance given to tenant with limited estate
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Where a general and beneficial power to devise the inheritance shall be given to a tenant for life or for years, such tenant shall be deemed to possess an absolute power of disposition, within the meaning and subject to the provisions of §§ 42-1005 to 42-1007.
D.C. Code § 42-1009 Right of grantor to reserve power
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The grantor in any conveyance may reserve to himself any power, beneficial or in trust, which he might lawfully grant to another, and every power thus reserved shall be subject to the provisions of this chapter as if granted to another.
D.C. Code § 42-1010 Liability of special and beneficial power in equity
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Every special and beneficial power shall be liable, in equity, to the claims of creditors, and the execution of the power may be decreed for the benefit of the creditors entitled.
D.C. Code § 42-1011 General powers in trust
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A general power is in trust when any person or class of persons other than the grantee of such power is designated as entitled to the proceeds, or any portion of the proceeds or other benefits to result from the alienation of the lands, according to the power.
D.C. Code § 42-1012 Special powers in trust
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A special power is in trust: (1) When the disposition which it authorizes is limited to be made to any person or class of persons other than the grantee of such power; (2) When any person or class of persons other than the grantee is designated as entitled to any benefit from the…
D.C. Code § 42-1013 Trust powers imperative — Duty upon grantee
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Every trust power, unless its execution or non-execution is made expressly to depend on the will of the grantee, is imperative and imposes a duty on the grantee the performance of which may be compelled in equity for the benefit of the parties interested.
D.C. Code § 42-1014 Trust powers imperative — Effect of grantee’s right of selection of objects of trust
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A trust power does not cease to be imperative where the grantee has the right to select any and exclude others of the persons designated as the objects of the trust.
D.C. Code § 42-1015 Beneficiaries to take equally unless otherwise directed; effect of giving trustee discretion
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Where a disposition under a power is directed to be made to or among or between several persons, without any specifications of the share or sum to be allotted to each, all the persons designated shall be entitled to an equal proportion. But when the terms of the power import that…
D.C. Code § 42-1016 Execution of trust powers for benefit of creditors and assignees
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The execution in whole or in part of any trust power may be decreed in equity for the benefit of the creditors or assignees of any person entitled to compel its execution when the interest of the objects of such trust is assignable.
D.C. Code § 42-1017 Writing needed to execute power
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No power can be executed except by some instrument in writing, which would be sufficient in law to pass the estate or interest intended to pass under the power if the person executing the power were the actual owner.
D.C. Code § 42-1018 Power to be executed by devise, will, or grant, as directed
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Where a power to dispose of lands is confined to a disposition by devise or will, the instrument of execution must be a will duly executed; and where a power is confined to a disposition by grant it cannot be executed by will, although the disposition is not intended to take effe…
D.C. Code § 42-1019 Grantee may execute power without direct reference to such
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Every instrument executed by the grantee of a power conveying an estate or creating a charge, which such grantee would have no right to convey or create unless by virtue of his power, shall be deemed a valid execution of the power, although such power be not recited or referred t…
D.C. Code § 42-1101 Definitions
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When used in this chapter, unless otherwise required by the context: (a)(1) The word “District” means the District of Columbia. (2) The word “Mayor” means the Mayor of the District of Columbia, or his duly authorized agents or representatives. (3)(A) The word “deed” means any doc…
D.C. Code § 42-1102 Deeds exempt from tax
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The following deeds shall be exempt from the tax imposed by this chapter: (1) Repealed; (2) Deeds to property acquired by the United States of America or the District of Columbia, unless its taxation has been authorized by Congress; (3) Deeds to real property acquired by an insti…
D.C. Code § 42-1102.01 Sales or assignments of instruments on secondary market exempt from tax
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A sale or assignment of a note, mortgage, deed of trust, or other instrument from one lender to another, on the secondary market, where there are no changes in the terms or conditions provided in the instrument and the borrower has taken no action to refinance, shall be exempt fr…
D.C. Code § 42-1102.02 Transfer of economic interest defined
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(a) A transfer of an economic interest in real property occurs upon the conveyance, vesting, granting, bargaining, sale, or assignment, directly or indirectly, of a controlling interest by 1 or more persons or by 1 or more transactions, within any 12-month period, in any corporat…
D.C. Code § 42-1103 Imposition of tax; rate; return; contents; liability for tax; extension of period for filing, and waiver of, return
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(a)(1) At the time a deed, including a lease or ground rent for a term (with renewals) that is at least 30 years, is submitted for recordation, it shall be taxed at the rate of 1.1% (to complete the calculation of total recordation tax due at time of recording, see also additiona…
D.C. Code § 42-1104 Computation of tax where absence of or no consideration; when fair market value to be shown on return; consideration on deeds of trust or mortgages
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(a) Consideration for a deed conveying title to real property or transferring an economic interest in real property, for purposes of the tax imposed by § 42-1103(a) and (b), including any mortgages, liens, or encumbrances thereon, shall be the amount required to be paid or provid…