Legal Question in Real Estate Law in New York
Can this be deed be changed?
We have a property deeded in 1980 with three owners deeded as- Owner A as joint tenant with right of survivorship of 50% of an undivided interest and Owner B and C with the same titling each with a 25% ownership. Owner A has passed away and we now find out that he excercised a new deed in 1992 and named two other people for his share, and Owner B and C were never notified. Can this legal document be changed without approval of the original two other deeded owners of the property? If this deed was a legal document in NY, shouldn't the term right of survivorship mean this share should transfer to the other two when Owner A had passed away? Can one of the three original owners sever their obligations of the original deed and make a new one?
4 Answers from Attorneys
Re: Can this be deed be changed?
I know someone in NY who is not only an attorney practicing real estate law but also has his broker's license. If you would like the referral to someone I believe could help you, please let me know.
-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]
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Re: Can this be deed be changed?
I need to see the instruments to give a proper opinion, but it seems that your original deed was improperly drafted. The property was probably held in common, not jointly. In any case, when A conveyed his interest, any joint tenancy would have been severed. Please call me at 212-367-9167 or e-mail me at [email protected] to discuss this in further detail.
Re: Can this be deed be changed?
Absent a separate contract with a provision specifically prohibiting such a transfer,I know of no prohibition preventing a joint tenant, (if in fact he was a joint tenant) from transfering his right, title and interest in the property to others.
Re: Can this be deed be changed?
Usually an owner can change his/her interest without consent of the other co-owners. The answer depends upon the original reason for the registration and if there was consideration for it paid by the other owners. Are there any other documents that detail the agreements of the parties, their reasons for the original registration and what requirements are necessary for a transfer of an interest?
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