How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55713
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Type Your Real Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

A person sold me some acreage in 2009, then in 2011, gives

This answer was rated:

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 4 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.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 4 years ago.

Excellent Service. Thank you very much, Suzy Rosford

You're very's my pleasure to help! Have a great day!
Richard and 4 other Real Estate Law Specialists are ready to help you
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: