How can I correct a property deed that was not witnessed but notirized 26 years ago?

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How can I correct a property deed that was not witnessed but notirized 26 years ago?

My aunt and uncle whom I purchased the land have both died. I want to sell the land.

Asked on September 11, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you purchased land from your uncle and aunt many years ago and they have passed away, the deed you refer to as being notarized but not witnessed had to have been witnessed if it was notarized. Meaning, the notary public was the witness. Is there a deed to the property from your uncle and aunt that is recorded on the property?

If so, have you been paying the property taxes on the property for the past twenty or so years? Is the county tax assessor's bill for the proeprty issued to you?

The reason for these questions is that in California the person transferring real property to another by way of a deed needs to simply sign it before a notary public where the grantor's signature is notarized. There is no witness requirement per se with the exception of the notary public signing the "jurat" attached to the deed.

I suggest that you consult with a real estate attorney regarding your situation. The deed to you by your uncle and aunt to you regarding the property may be fine.

Good luck.


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