Legal Question in Real Estate Law in Florida

Quick Claim

I have a quick claim deed that is notorized and has one witness. My question is.... On the quick claim there is room for 2 witnesses. Is this Quick Claim legal and can I take ownership of the property?


Asked on 3/31/06, 8:08 am

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Quick Claim

Two witnesses are needed.

West's F.S.A. � 689.01

Title XL. Real and Personal Property (Chapters 689-724)

Chapter 689. Conveyances of Land and Declarations of Trust (Refs & Annos)

689.01. How real estate conveyed

No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in or out of any messuages, lands, tenements or hereditaments shall be created, made, granted, transferred or released in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year, or by the party's agent thereunto lawfully authorized, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party's agent thereunto lawfully authorized, or by the act and operation of law. No seal shall be necessary to give validity to any instrument executed in conformity with this section. Corporations may convey in accordance with the provisions of this section or in accordance with the provisions of ss. 692.01 and 692.02.

Read more
Answered on 3/31/06, 8:27 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida