Deeds and Ownership

When land is given to someone and a warranty deed is obtained can anyone such as family still try and sue for part of the land even though their name was not on the deed as a grantee?

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2008-07-26 15:07:32
2008-07-26 15:07:32

Sure, anyone can sue for anything.

If land was "given" (by gift) then it is unusual to have a warranty deed, but it wouldn't matter because the court will decide whether the family member has any right to the land (before or after the gift), and could even void the gift deed, under certain circumstances.

==Clarification== Generally, the court would need a compelling legal reason to void a deed. That is a difficult case to prove. If the grantor owned the property in fee and was competent at the time of the deed, the conveyance is absolute. For example, a parent who is alive and well may choose to convey their property to one child. Children have no rights in their parents property while the parents are living. One factor that may affect the conveyance would be any restrictions or provisions affecting the title that were recited in the deed to the grantor. Another factor would be if the interest in the property was inherited and there were specific provisions in the will that controlled any future conveyance in fee.

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