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Buxton
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0.10 Dollars($)
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 Posted: Sun Sep 02, 2007 11:04 am Post subject: quit claim deed |
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Purchased a small plot adjacent to 2. acres. Given a quit claim deed that combines small plot with my original 2 acres. Easement rights were added to the entire parcel that weren't there before. Deed not yet recorded. If I do not record deed in this manner, is the quit claim for the small plot still valid although not recorded? Can I force seller to make quit claim for small plot only separate from my 2 acres?
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 larry
Joined: 27 Jun 2007
Posts: 3328
473.40 Dollars($)
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| Posted: Sun Sep 02, 2007 9:06 pm Post subject: |
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Hi Buxton,
Welcome to the forum.
There is a particular time period for recording any deed. But that varies from state to state. If you can mention the name of your state, I will be able to help you with the details.
And as far as making the separate deed is concerned, you cannot force the seller for this. You can at best ask him for the separate deed.
BTW, why do you need two separate deeds for the properties? Is there any specific reason behind this? |
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miller_st
Joined: 17 Jan 2007
Posts: 917
168.82 Dollars($)
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| Posted: Mon Sep 03, 2007 2:15 pm Post subject: |
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| Quote: | | If I do not record deed in this manner, is the quit claim for the small plot still valid although not recorded? |
But why you do not want to record the deed? It would be much better from legal point of view if the deed is recorded. Has the deed been notarized? Or is it that the seller has just signed the deed and given it to you, but it hasn't been notarized?
Miller |
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Buxton
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0.10 Dollars($)
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| Posted: Mon Sep 03, 2007 4:18 pm Post subject: Quit claim deed |
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| Thanks for a quick reply. The small plot purchased was from the local county water dept set aside for a pumping station that they now declared as surplus. Two years ago, a developer tried to use the utility easement rights as a right of way to build a road across our two acres and develop his 20 land locked acres with 85 houses. I guess I'm gun shy and wonder if rewriting my original deed will somehow open the door for another try at a road through the acreage. (Maybe not) The state: South Carolina. The quit claim deed: Notarized with the required two witnesses. |
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larry
Joined: 27 Jun 2007
Posts: 3328
473.40 Dollars($)
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| Posted: Mon Sep 03, 2007 11:33 pm Post subject: |
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Hi Buxton,
Being the original property owner, you have absolute power to refuse to grant the developer easement rights further on your property. Even if you decide to grant the easement, you must grant it for a particular period of time. You must set a written agreement with the developer that he will retain your property to the same condition it was before the construction. The developer must have an insurance policy incase he damages your property.
BTW you must ensure if the easement right that your developer is holding is recorded or not. If it is unrecorded, the title company can list this unrecorded easement on your title policy as an exception to coverage, which means that they would not pay to resolve this matter. |
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