Full question:
Property owner sold land of 1/4 acre to an individual, this person did not record their deed. Same property owner sold remainder of this property plus that 1/4 acre to another individual. Several years later deed was recorded including the 1/4 acre. These owners separated in a divorce and all property transferred to wife, deed recorded. The wife transfers all property under quit claim deed to my daughter and son in law. Now problem? This 8 acre tract of land resides in Ohio, as I bring in equipment to help them improve property, a man comes running onto the property screaming at me for tearing out his trees in his woods, this is the man with an unrecorded deed for the 1/4 acre of which he has never paid property tax on. I hire a surveyor and he tells me that under Ohio law, that man with unrecorded deed owns the property, maybe, and charges me for survey which he says that can not be certified because of dispute of property ownership. I say surveyor is not correct in this matter as there has been 3 recorded deeds total, including this 1/4 acre. The only way surveyor knew of dispute, man with unrecorded deed showed the surveyor his paper work from his lawyer from 13 years ago, again his deed was never recorded. The surveyor has charged me $2,500.00 for a survey that he says can not be certified because of dispute. 1. WHO OWNS THE PROPERTY? 2. Should the surveyor that I hired even consider this dispute when clearly all of his maps of the property DO NOT show this mans 1/4 acre claim.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Ohio
Answer:
The ownership of the property is likely to be determined by a court based on the specific facts of the case. A key factor is whether any fraud occurred in the later sale of the property. A bona fide purchaser (BFP) is someone who buys property in good faith, believing the seller has the right to sell it. If a BFP is unaware of any competing claims, they typically retain ownership even if the original owner later claims the property.
An unrecorded deed transfers ownership without public notice. When a property is sold and the deed is recorded, subsequent purchasers are generally assumed to be aware of it, known as having 'constructive notice.' The recorded deed usually takes priority unless the subsequent purchaser had 'actual notice' of the unrecorded deed.
In general, the legal owner is the person(s) named on the recorded title or deed. However, a person holding an unrecorded deed may initiate a quiet title action to establish their claim. This legal action can compel the court to clarify ownership and may include an injunction to prevent further actions regarding the property.
For your situation, you may want to contact the local recorder's office for guidance on administrative procedures. Consulting a local attorney to review all relevant facts and documents is also advisable.
Relevant Ohio statutes include:
5301.01 - Acknowledgment of deeds and other property interests.
5301.48 - Unbroken chain of title of record.
5301.50 - Interests prior to the effective date of the root of title.
5301.51 - Preservation of interest in land.
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.