Legal Question in Real Estate Law in California

By waiting to record, you probably lost any rights in the property. Consult with local RE counsel to determine if any remain, and whether you have any claims against the grantor.

Your question reveals two problems. The first and more obvious problem is that under our recording system in California, a bona fide purchaser without notice of your gift deed will get good title if he/she/it records first. However, since an unrecorded deed is valid as between the parties and others with notice of it, see Civil Code section 1217, there may be an action against the grantor for fraud or the like.

The second problem is that California has the Subdivision Map Act, which limits and regulates the subdivision of land. One cannot just give away ten acres of a 40-acre parcel. If it were 1910, yes; but not in 1970. Hopefully the 10-acre parcel in the gift deed was recognized as a separate tract of land, separately transferable, at the time the deed was given to you. Otherwise, the transfer may be ineffective.

I agree with Mr. Whipple. Sitting around and waiting, without recording a gift deed, presents a problem for you in that bona fide purchasers for value, who record first, have title to your property under our recording statutes.

In asking for legal advice, do not play games. Tell us what the actual facts are and do not set up possibilities that no longer exist. Either the property has been sold or it has not. Why would you want to delay recording the gift?