Legal Question in Real Estate Law in California
is it legal to have land transferred with a quitclaim without the person who transfers it knowing? 09/30/2010: Transfer $0.00 $0.00 Seller: KENDALL,DUSTIN R Buyer: KENDALL,MURIAH history-opener Full Details of Transaction RECORDED DATE 09/30/2010 SELLER KENDALL,DUSTIN R TRANSACTION TYPE Transfer DEED TYPE Quitclaim DOCUMENT NUMBER 0000128372
2 Answers from Attorneys
No transfer of real property is complete until the deed is delivered to the grantee or their authorized agent. Recording a deed without delivering it is not legally effective. It can, however, cause problems in that it may appear that a transfer has occurred.
We aren't supposed to answer questions identifying possible parties to litigation, but I guess I can go so far as to ask, How on Earth can the person who transfers land not know? Were they drunk? Drugged? Finally, I agree with Mr. McCormick that if you are talking about the grantee not knowing rather than the grantor not knowing, the transaction is technically incomplete until the deed is delivered.
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