Posted on: 12th May, 2010 02:18 pm
Four years ago, I donated a historical property- on the Kansas and National Registries- to a local community foundation in hopes that they would have better luck obtaining funding to preserve the building, which was eventually to house a museum and Hall of Fame. Basically, they did nothing to even maintain it after they received it. Recently, the building collapsed from years of neglect and water damage to the stone walls. A few days later, the new president of the foundation told me "we may have never accepted your gift". Apparently, although the past president and I signed the quit-claim deed and had it notarized ( and witnessed by dozens of people at the time) it was never filed, thus the property is still mine.
1. Is this true? Must I accept the property even though I gave it to them 4 years ago?
2. Are they in any way responsible for the damage that occurred while it was believed to be in their possession?
3. Although they knew it was technically mine, they were still contacting other interested parties and trying to give it to them... is this illegal?
4. How can I be sure they won't claim the property after I clean it up if there is still a signed deed floating around out there, waiting to be filed?
1. Is this true? Must I accept the property even though I gave it to them 4 years ago?
2. Are they in any way responsible for the damage that occurred while it was believed to be in their possession?
3. Although they knew it was technically mine, they were still contacting other interested parties and trying to give it to them... is this illegal?
4. How can I be sure they won't claim the property after I clean it up if there is still a signed deed floating around out there, waiting to be filed?
Hi Wolverine,
If the property transfer has not been registered at the county recorder's office, then the transfer will not be considered as valid. If their name is not registered as the owners of the property, then they won't be responsible for the damages. If the county records show that the property is in your name, then they won't be able to sell it off to any other person. As far as your last query is concerned, it would be better if you could get in touch with a real estate attorney and take his opinion in this matter.
If the property transfer has not been registered at the county recorder's office, then the transfer will not be considered as valid. If their name is not registered as the owners of the property, then they won't be responsible for the damages. If the county records show that the property is in your name, then they won't be able to sell it off to any other person. As far as your last query is concerned, it would be better if you could get in touch with a real estate attorney and take his opinion in this matter.
Once the deed is delivered to the transferee, the transfer is complete. Filing the deed with the county office is only to give notice of the transfer and does not affect validity. Once delivered, the new owner is responsible for the property. If you have a copy of the deed, file it in the county office.
Thanks for the assistance!