Wild Deed: What It Is and Why It Matters in Property Law

Definition & Meaning

A wild deed refers to a property deed that is recorded but does not fit into the established chain of title. This situation occurs when a previous document that should have been recorded was not, leading to a gap in the ownership history of the property. Because of this gap, a wild deed does not provide constructive notice to future purchasers. In simpler terms, buyers cannot be expected to find this deed when they investigate the property's ownership history. A wild deed is sometimes called a thin air deed.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A homeowner sells their property without recording an earlier deed that transferred ownership from a previous owner. The new buyer later discovers this unrecorded deed, which creates uncertainty about their ownership rights.

Example 2: A property is sold to a buyer who does not check the full chain of title. After the sale, they find a wild deed that complicates their ability to sell the property in the future. (hypothetical example)

State-by-state differences

State Wild Deed Treatment
California Wild deeds are recognized and may affect title insurance claims.
Texas Wild deeds can create significant issues in property transactions.
Florida Wild deeds may not provide notice to subsequent purchasers, complicating ownership.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

What to do if this term applies to you

If you suspect that a wild deed may affect your property, consider the following steps:

  • Review the complete chain of title for your property.
  • Consult a real estate attorney to understand your rights and options.
  • Explore US Legal Forms for templates that can help you address issues related to wild deeds.

For complex situations, seeking professional legal help is recommended.

Quick facts

  • Definition: A deed not part of the chain of title.
  • Impact: Can complicate ownership claims.
  • Notice: Does not provide constructive notice to future purchasers.
  • Legal Area: Real estate law.

Key takeaways