Metairie, LA asked in Real Estate Law

Q: If you have a 30 year old quitclaim deed and have not recorded it yet, is it still valid, can the one who issued it repo

Is the person who issued the deed over 30 years ago come in and take possession of the real property? Can you sell the property to another providing the original deed to them to have the property recorded in their name?

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2 Lawyer Answers
James L. Arrasmith
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A: A quitclaim deed, even if it is 30 years old, can still be valid as long as it was executed properly at the time it was created. However, not recording the deed can lead to complications, particularly regarding the legal recognition of ownership and the chain of title.

The person who issued the quitclaim deed generally cannot just "come in and take possession" of the property after such a long period, especially if you have been treating the property as your own. The concept of adverse possession might come into play here, depending on the specifics of your use of the property and the laws in your state.

Before selling the property, it is crucial to record the quitclaim deed to establish a clear chain of title. Selling the property without having the deed recorded can create significant legal issues for both you and the buyer. It's best to consult with a real estate attorney to navigate this process and ensure all legal requirements are met.

Recording the deed now, even after a long delay, is generally possible, but it may require additional steps, such as affidavits or other supporting documents, depending on the requirements of your local recording office.

In summary, while the quitclaim deed may still be valid, it's important to address the lack of recording before proceeding with any sale. Consulting with a legal professional is advisable to ensure all aspects of the property transfer are handled correctly.

Anthony M. Avery
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A: Unrecorded Deeds are only effective between the grantor and the grantee, not the world that has no notice. Also payment of taxes may give someone ownership, while non payment of taxes might bar ownership. Hire a competent LA attorney to search the title and advise if you have a claim of ownership. Some kind of quiet title action might be required to cure title.

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