Legal Question in Real Estate Law in Alabama

i sold real estate twelve years ago and the buyer didn't get the deed recorded is it still mine?


Asked on 3/26/10, 2:26 pm

1 Answer from Attorneys

James Coleman Murchison & Howard, LLC

Did you deliver the deed to the buyer? If you did, you completed the sale. While recording a deed always constitutes "delivery" of a deed, lack of recording does not mean the deed was not "Delivered" Remember the old song; "signed, sealed, delivered" It probably refers to a deed, which must be signed, under seal and delivered to effectuate the conveyance of the property. Even if the deed were not delivered, or had some other defect, it would probably be construed as a contract to sell property. In any event, you got money for the land in exchange for the land itself. You signed the deed as Grantor. This would give the buyer an equitable claim to the property. In short, just because the deed was not recorded does not mean you own the land.

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Answered on 3/31/10, 2:54 pm


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