Real estate disputes: Things to know about property transfers

| Oct 20, 2019 | Real Estate Disputes |

Certain Florida laws govern the process of transferring the ownership of real property. Real estate disputes often arise when those involved in a transfer run into legal problems regarding deeds. In this state, the statute of frauds requires a grantor’s signature on a deed, along with those of two witnesses in order to convey real property.

The location of the property in question, as well as its dimensions, must be clearly specified in the deed. Land surveys and plats are modern tools that are used to help provide accurate descriptions. Word choice is also important because a deed must make it clear that is to be considered a tool of property conveyance.

A person cannot simply sign a deed to transfer real property to another person without first showing the deed to the person for the purpose of acceptance of transfer. The showing of the deed and acceptance of conveyance must take place during the grantor’s lifetime. A deed must be filed in public records although notarization of the document is not required for validation.

In order to transfer real property in Florida, the grantor must prove that he or she rightfully owns the property and that it is in his or her possession. Real estate disputes regarding conveyance of real property can be difficult to resolve. An experienced attorney who is well-versed in this state’s statute of frauds, deeds and other real estate legal issues can help determine a best course of action to settle any disagreements involving property transfers.

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