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Who owns the land?

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dakotagirl

Junior Member
What is the name of your state (only U.S. law)? South Dakota
Eleven people in South Dakota own 1/4 section of land. In 1989, one of the eleven died. The decision was made to use money belonging to the group to buy his share in the property from his widow. This was done, but when it was recorded at the courthouse, it was listed as being sold to Jane Doe and John Doe, not Jane Doe, John Doe, et al. About three years ago, John Doe sold his interest in the property to another member of the group. Sometime after this, the mistake in the recording of the deed was discovered by the new owner of the shares. Is this new owner liable for payment to the others for the 1/2 share that was created by the incorrect recording? The group member who handled the original purchase of the share for the group says that he was aware of the mistake when it happened, but didn't feel a need to correct it.
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? South Dakota
Eleven people in South Dakota own 1/4 section of land. In 1989, one of the eleven died. The decision was made to use money belonging to the group to buy his share in the property from his widow. This was done, but when it was recorded at the courthouse, it was listed as being sold to Jane Doe and John Doe, not Jane Doe, John Doe, et al. About three years ago, John Doe sold his interest in the property to another member of the group. Sometime after this, the mistake in the recording of the deed was discovered by the new owner of the shares. Is this new owner liable for payment to the others for the 1/2 share that was created by the incorrect recording? The group member who handled the original purchase of the share for the group says that he was aware of the mistake when it happened, but didn't feel a need to correct it.
We don't do homework.
 

Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? South Dakota
Eleven people in South Dakota own 1/4 section of land. In 1989, one of the eleven died. The decision was made to use money belonging to the group to buy his share in the property from his widow. This was done, but when it was recorded at the courthouse, it was listed as being sold to Jane Doe and John Doe, not Jane Doe, John Doe, et al. About three years ago, John Doe sold his interest in the property to another member of the group. Sometime after this, the mistake in the recording of the deed was discovered by the new owner of the shares. Is this new owner liable for payment to the others for the 1/2 share that was created by the incorrect recording? The group member who handled the original purchase of the share for the group says that he was aware of the mistake when it happened, but didn't feel a need to correct it.
No .
 

Zigner

Senior Member, Non-Attorney
Based on the facts given, that is the correct answer.
Based on the information given, your answer might be the correct answer, or it might not be. There is not enough information to know for sure. Just so long as the OP knows that you are guessing based on the scant information provided, then I'm ok.
 

Mass_Shyster

Senior Member
Based on the information given, your answer might be the correct answer, or it might not be. There is not enough information to know for sure. Just so long as the OP knows that you are guessing based on the scant information provided, then I'm ok.
Nothing the OP wrote indicates there is any liability on the grantee. Maybe you have the magic 8-ball and know of some undisclosed agreement that may impose liability, but it's sure not contained within OP's post.
 

Zigner

Senior Member, Non-Attorney
Nothing the OP wrote indicates there is any liability on the grantee. Maybe you have the magic 8-ball and know of some undisclosed agreement that may impose liability, but it's sure not contained within OP's post.
I have the crystal ball this week.
 

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