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A WORTHLESS DEED?

Even though the proposition of law was pretty fundamental, and you wouldn't think protracted litigation on the subject would be necessary, a decision released by the Appellate Division, First Department, caught our eye.

Shelly Staine had a deed for a property up in the Bronx, but the person who allegedly transferred his interest in the parcel to her never truly owned the property. So, when a dispute arose as to who was the actual owner, the Bronx County Supreme Court found in her opponents' favor -- a party who could establish title.

As the AD1 observed in its decision:

The party that purportedly conveyed the lot to plaintiff never had record title to that property, and a grantor cannot convey that which it does not own. It is well settled that, "title and estate which passes under a grant or conveyance is commensurate only with that existing in the grantor, although he may undertake to convey, and the deed purports to convey, a larger estate" ....

Talk about punishing a no good deed!

For a copy of the Appellate Division's decision, please use this link: Staine v. Summit Place, Inc.

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