Question

A landowner owned a three-acre plot of land in a remote location. His plot abutted a two-acre wooded property that contained an artesian spring owned by an out-of-state investor who had never developed or visited the land. Hoping to make a substantial profit by making his property sound more appealing, the landowner altered the existing deed for his three-acre plot so that the deed indicated that his parcel was five acres in size and included the wooded property with the artesian spring. A buyer offered to pay $50,000 for the five-acre parcel and expressed that $10,000 per acre was quite reasonable. The landowner accepted and signed the altered warranty deed, conveying the five acres to the buyer. The landowner mailed the deed to the buyer, and the buyer subsequently took possession of the land. However, the buyer did not record the deed. A year later, the buyer learned that the out-of-state investor held title to the two acres of property that contained the artesian spring. Is the buyer entitled to ownership of the five-acre parcel?

Answer 1

The seller is not likely to be successful in his lawsuit because the deed was invalid.

What is a lawsuit?

A lawsuit is a proceeding by a party or parties against another in the civil court of law.

In this case, valid deeds are governed by SOF. Fraudulent documents are ineffective to convey the title, even if they rely upon them. In this case, it was fraudulent, and therefore void, regardless of whether it was recorded.

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