San Francisco, CA asked in Contracts, Estate Planning and Real Estate Law for Illinois

Q: Can I legally separate a parcel with a joint agreement signed and notirized. Will it hold up in court at a later date?

1 Lawyer Answer

Vincent Anthony Incopero

Answered
  • Estate Planning Lawyer
  • Elmhurst, IL
  • Licensed in Illinois

A: Without more information, your question cannot be answered.

Specifically, is this a large, unsubdivided parcel of land, or is it adjacent lots that make up a larger parcel? If it is a large unsubdivided parcel you would need to obtain a new plat of subdivision describing the area to be severed from the parcel at large. This plat would need to be created by a licensed surveyor and then recorded with the county. If the parcels are legally described as lots in blocks, individual lots can be separated from a larger parcel as a whole.

In either scenario, the transfer would have to be effected by a deed of conveyance, signed by the owner, legally describing the land to be severed from the larger parcel. Said deed would have to be notarized and recorded in the county where the property is located.

The greatest issue of concern is your question regarding whether the transfer could be set aside by a court. Is there pending or anticipated litigation which could affect the property (ie. foreclosure, partition, adverse possession, probate)? If so it is likely that a court in equity, by way of a quiet title action, could set aside the conveyance in equity.

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