Full question:
My husband and I are receiving property from my mother. My sister and her husband are receiving property also. My mother is dividing 10 acres into three lots. We currently live on part of this property and have it mortgaged. She is deeding additional property to us. The way the family division was done and approved is for the 10 acres to be divided into three lots. We will be receiving Lot 3. However, we own part of the lot already. We are receiving property on either side of what we currently own. I do not know what steps need to take place in order to properly deed this over. Can I just add the new description for our lot with a warranty deed and record it with the additional property added?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Alabama
Answer:
When adding property to what you already own, a new deed must be created. You cannot simply change the description on an existing deed unless there was an error. All owners of the property being added must sign the new deed. The deed will detail the property being transferred. If your mother does not own the property in the middle, she cannot include it in the deed, as you can only transfer what you own.
For clarity on how to describe the property, it’s advisable to consult a local attorney who can review the specific facts and documents. A deed is a legal document that transfers ownership of real property. It must include a description of the property, identify the grantor (the person transferring the property) and the grantee (the person receiving it), and be signed and notarized by the grantor. Additionally, the deed must be recorded in the county where the property is located to be effective.
There are two main types of deeds: a warranty deed, which guarantees that the grantor owns the title, and a quitclaim deed, which transfers only the interest the grantor has. A quitclaim deed does not provide warranties and the buyer accepts the property subject to any existing claims. This type of deed is often used between family members or to clear title issues.
In summary, you need to prepare a new deed that includes the correct property description and ensure all necessary parties sign it. Then, record the deed in the appropriate county office.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.