How can I correct a property deed that was not witnessed but notirized 26 years ago?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I correct a property deed that was not witnessed but notirized 26 years ago?

My aunt and uncle whom I purchased the land have both died. I want to sell the land.

Asked on September 11, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you purchased land from your uncle and aunt many years ago and they have passed away, the deed you refer to as being notarized but not witnessed had to have been witnessed if it was notarized. Meaning, the notary public was the witness. Is there a deed to the property from your uncle and aunt that is recorded on the property?

If so, have you been paying the property taxes on the property for the past twenty or so years? Is the county tax assessor's bill for the proeprty issued to you?

The reason for these questions is that in California the person transferring real property to another by way of a deed needs to simply sign it before a notary public where the grantor's signature is notarized. There is no witness requirement per se with the exception of the notary public signing the "jurat" attached to the deed.

I suggest that you consult with a real estate attorney regarding your situation. The deed to you by your uncle and aunt to you regarding the property may be fine.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption