In conducting research on a group of patented mining claims, I came across a deed that labels itself as an agreement and transfer deed.?ÿ The language of the deed shows it to be a quit claim deed.?ÿ For example, "this agreement and transfer constitutes a transfer by [grantor] to [grantee] without warranty or representation of title, all interest in the real property listed in Exhibit A that [grantor] may have an interest,....."
The oddity [at least to me] in the deed is the last sentence of the deed, which states "executed as of July 1, yyyy, to be effective March 31, yyyy."
I normally write something akin to "conveyed in a deed from [grantor] to [grantee], dated July 1, yyyy, recorded mm/dd/yyyy, Rec. No. xxxxxxxx, in Book yyy, Pages zz1-4." In this case I'm not sure that real property could or was conveyed "effective" three months prior to the deed being executed, so I am hesitant to use March 31 date.
I'll probably play Sgt. Joe Friday and write a "just the facts, Ma'am" statement.?ÿ That being, "conveyed in a deed from [grantor] to [grantee], executed on July 1, yyyy, effective March 31, yyyy, recorded mm/dd/yyyy, Rec. No. xxxxxxxx, in Book yyy, Pages zz1-4."
Anyone here run into this executed/effective date in a deed??ÿ If so, how did you handle it?
All I've ever seen that was similar was a "life estate" sort of thing.?ÿ An elderly woman signed a notarized affidavit that transferred title of her residence to a niece, with the stipulation the woman could remain in the residence until her demise.?ÿ The date of conveyance was important due to some tax or Medicare issue.?ÿ Why the deed wasn't filed at that time is unknown to me.
After probate the deed was filed some six months after the date of the affidavit.?ÿ And this was by an order of the probate court.?ÿ So basically the niece didn't get a recorded deed from her aunt until a few months after the aunt had passed.
That's the only case I can remember where a conveyance had an effective date prior to the actual conveyance.?ÿ But in this case a copy of the earlier affidavit was included in the court order.?ÿ
In your case possibly there is some previous documentation or contractual fodder to which you're not privy??ÿ
I've never seen a recorded Deed of any type that becomes effective prior to recordation.?ÿ One would think Deed recordation is an instant in time that irrevocably transfers whatever rights are described if valid.?ÿ "Effective", "executed" defer to the recordation date.?ÿ Was the recordation mm/dd/yyyy date after the July 1, yyyy "execution" date??ÿ If so the actual recordation date holds and the blather in the Deed is not salient.
I ponder why one would construct such a Deed, possibly taxation matters, subterfuge or maybe a way for the Grantor to back out months later by not recording.?ÿ I'd ignore the quizzical verbiage in the Deed and simply reference it without quoting the oddities.?ÿ Let others (the courts) unravel the meaning of "Effective", etc., just cite the Deed and you're covered.?ÿ
My standard is "as found recorded in Deed Book 234, Pages 123-124 in the Alamosa County Register of Deeds Office".
One would think Deed recordation is an instant in time that irrevocably transfers whatever rights are described if valid.
Isn't it true in most jurisdictions that the transfer happens when the deed is signed, and recording is then done to make it more enforceable?
This differs a bit from contract language that normally has a start date that could be anytime from the day of signing to some date in the future.?ÿ I think the standard effective date is the date on which the signed document is delivered to the grantee for deeds.?ÿ Race States have a different standard, I suppose.
One would think Deed recordation is an instant in time that irrevocably transfers whatever rights are described if valid.
Isn't it true in most jurisdictions that the transfer happens when the deed is signed, and recording is then done to make it more enforceable?
Hmm, I'll think about that.?ÿ In recording States (all) one would think no transfer occurs until it's recorded.?ÿ ?ÿIf not folks could sign Deeds willy nilly and not record creating a miasma of confusion.?ÿ But I guess the contrary can be shown.?ÿ Do you have examples?
The effective date is the day it is accepted.?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ ?ÿ
@paden-cash There is more to the story, but I can only speak in generalities.
The deed covers patented mining claims and related facilities. Those related interests include without limitation: leases, contracts, easements, ....., and personal property.
As I said in the OP, the deed is written in the form of a quit claim deed that includes all interests the grantor may have in the area as listed in the attached exhibit.?ÿ There is a clause to account for omitted items in the exhibit that follows Colorado law.?ÿ Colorado Revised Statute, 38-10-108. Contracts for interests in land - must be written, has this Case Note:
Contract not evidenced by memorandum conveying title to omitted property. A written memorandum by the grantor agreeing to convey the legal title to his grantee who has purchased, paid for, and reduced to peaceable possession, property which by mistake was omitted from the original deed, does not evidence a contract for the sale of land within the meaning of this section. Ross v. Purse, 17 Colo. 24, 28 P. 473 (1891).
Perhaps because of this case note, the deed has this language to cover the possibility of an omitted parcel.
Grantor shall execute and deliver to grantee, upon request, executed and acknowledged quit claim deeds in recordable form covering Properties to which this transfer applies but which are determined to have been omitted from the exhibit or inaccurately described therein.?ÿ