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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53664
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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A person sold me some acreage in 2009, then in 2011, gives

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A person sold me some acreage in 2009, then in 2011, gives the same acreage to another party. How do I remedy this situation and get a clear deed to the property I paid for. Also, what happens to the person that sold it me? Thank you
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Did you record your deed when you purchased it in 2009? Thanks.
Customer: replied 3 years ago.

Yes, the deed was recorded (I do not have it in front of me with data on it)

Thanks. In that case, you own the property. With regard to the transfer, once you record your deed that evidences your ownership, a later grantee can not be considered to be a bona fide recipient based on lack of notice of a prior deed. Thus, once you bought the property, the prior owner no longer owned it and thus could not make a gift of something he didn't own. Just as I couldn't make a gift of the Brooklyn Bridge because I don't own it, so too your prior owner can't make a gift of something he no longer owns. The later gift deed simply has no validity. You can notify the tax authorities and the grantee of the later deed that the quit claim deed has no validity due to the foregoing facts and that you are the rightful owner. If they will not do that voluntarily, file a suit to quiet title against the prior owner and the gift grantee to have a court order the later deed removed from the title records. As part of that suit, ask the court to award you both actual and punitive damages against the original owner.

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Customer: replied 3 years ago.

Excellent Service. Thank you very much, Suzy Rosford

You're very's my pleasure to help! Have a great day!
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