Must a deed be recorded?

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Must a deed be recorded?

Asked on December 13, 2016 under Real Estate Law, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Whether or not recorded, once a deed is executed title to the property is transferred. Accordingly, the person named as grantee, is the new owner. The fact is that a deed need not be recorded in order to be deemed valid. That having been said, recording a deed is advisable. A deed that is recorded serves as notificaion to the world that as to who the true owner of the property is. Further, an unrecorded deed is vulnerable to:
 

Being lost/destroyed so if the grantor dies or changes their mind there is no proof of ownership,
Made invalid if a new deed to a new grantee is recorded before yours), or
Made subordinate to any future lien(s) that may be placed against the property.


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