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
Vincent Anthony Incopero
  • 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.


Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.