Manlius, NY asked in Real Estate Law for New York

Q: If our deed was declared void. Can our neighbors get our house and land? How do we get a new deed?

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4 Lawyer Answers

A: You have a number of questions and the fact pattern seems little complicated. I am not clear how the neighbors are involved unless they were the grantors of the invalidated deed. If so, then they would presumably be imbued with title to the property, but it would depend on the order itself. Whether you obtain a new deed as grantees depends on why the deed was declared void and what the prior grantor's position is (whether they want to convey title again). The Court is not generally responsible for contacting you--however, as I indicated in my previous response, the parties to a lawsuit are entitled to notification of things like court orders.

I do not fully understand your question about a quitclaim deed; a quitclaim deed transfers the grantor's ownership interest but does not make any warranties. If someone who had title to a property quitclaimed their interest to you, whatever title they possessed would pass under that deed. I'm not sure what you mean by 'can adverse possession be used,' specifically, I'm not sure who you are asking about using it, or who is adversely possessing land.

It sounds like you may want to consult with an attorney since as I mentioned, there is a lot going on in your case.

Daniel Michael Luisi and Steven Warren Smollens agree with this answer

Jack Mevorach
Jack Mevorach
Answered
  • Cedarhurst, NY
  • Licensed in New York

A: If a court declared the deed void, the inquiry would then be what preceded the execution and recreation of the deed.

Jack

Daniel Michael Luisi agrees with this answer

Jack Mevorach
Jack Mevorach
Answered
  • Cedarhurst, NY
  • Licensed in New York

A: *** recordation ***.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: I am not sure of the chain of title or why the deed was void. Obviously, there is something you must do now, but there are not enough facts here to know.

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