In New York, a deed must be acknowledged before a notary public to be eligible for recording. Michael signs a deed conveying property to Jennifer, but forgets to have it notarized. What is the legal status of this unacknowledged deed?
Correct Answer
C) The deed is valid between the parties but cannot be recorded until acknowledged
Under New York law, a deed that is properly executed but not acknowledged is still valid to transfer title between the grantor and grantee. However, the deed cannot be recorded in the public records until it is properly acknowledged before a notary public or other authorized officer.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Actual notice means a person has direct, personal knowledge of a fact or interest in real property. This can come from being told, seeing something firsthand, or any form of direct awareness.
Adverse possession is a legal doctrine that allows a person to claim ownership of land by occupying it continuously for a statutory period under specific conditions, without the true owner's permission.
A bargain and sale deed implies that the grantor holds title and possession of the property but does not include warranties against encumbrances or title defects.
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Previous Question
Sarah is selling her house in Albany, New York. Her attorney prepares a deed that includes covenants that she has good title, has the right to convey, and will defend the title against future claims. What type of deed is Sarah's attorney most likely preparing?
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Robert owns property in Queens and wants to deed it to his three children as joint tenants with right of survivorship. Under New York law, what specific language must be included in the deed to create this tenancy?