Legal Question in Real Estate Law in California
MY EX BOSS GAVE ME A ACRE OF LAND AS A CHRISTMAS GIFT. THIS WAS IN 2003, IT IS PART OF 5 ACRES HE OWNS. i STILL HAVE THE DEED BUT HAVE NOT RECORDED IT. IS THERE A TIME LIMIT OR SOMETHING?
2 Answers from Attorneys
As long as he did not deed it to someone else, who has already recorded without being aware of the deed to you, then you are OK. California has what is known as a race notice recording statute, which is difficult for many people to understand. "Every conveyance of real property or an estate for years therein, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded, and as against any judgment affecting the title, unless the conveyance shall have been duly recorded prior to the record of notice of action. (Civ. Code, sect. 1214.)
How it works is as follows: Ex Boss deeds one acre to you in 2004, and you do not record. A year later, ex boss then sells and deeds the same one acre to Linda, a woman he met in a bar. Linda does not know of the previous deed for the same property to you a year earlier. Linda records. The recording act states that Linda's title is superior to yours, because recorded first, without notice of the deed to you.
If the property has not been sold by the ex boss to a bona fide purchaser who has first recorded, after the deed to you, you are OK.
This answer only addresses your time limit issue. You may have other issues, such as whether the property was capable of transfer without subdivision, whether the original title was in joint tenancy and the ex boss has died, etc. that may affect your matter. To be sure, I suggest you speak to a competent real estate attorney as soon as you can.
There is no time limit, but there could be other issues. Unless the 5 acre parcel has been legally subdivided and he deeded you a properly subdivided and recorded separate acre parcel, your deed may well be entirely worthless.