Q: Which takes precedence when proving real property ownership in NYS, the deed or RP-5217 and TP-584?
Person A sold two parcels of land to Person B, a close relative, several years ago. I believe it was for $1 and other consideration. The govt forms correctly identified both parcels by tax map designation and address, and current property tax records correctly show Person B as the owner of both. The deed correctly identifies parcel 1 but does not correctly identify parcel 2. Instead, it describes a parcel that Person A had already sold to someone else. We know the deed needs to be corrected. My questions are: (1) Who is the legal owner of parcel 2 based on the forms and current deed? (2) Does correcting the deed change the start date of ownership? (3) If Person A is mentally incapacitated (Alzheimers) or deceased, can the corrected deed be signed by Person B, who has POA and is the Executor of their estate? Thank you very much for any info you can provide.
A: This is a mess that must be corrected ASAP. An incorrect metes and bounds makes a property unmarketable. If Person A is alive then person B should immediately use the POA and do a correction deed. There is a literal form for it.
Steven Warren Smollens agrees with this answer
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