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The Wild Deed and Real Property Law

The Wild Deed and Real Property Law

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Published by Anthony J. Fejfar
In this Tract Book Essay, Anthony J. Fejfar discusses the Real Property concept of the Wild Deed.
In this Tract Book Essay, Anthony J. Fejfar discusses the Real Property concept of the Wild Deed.

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Published by: Anthony J. Fejfar on Jul 27, 2007
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05/08/2014

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The Wild Deed and Real Property LawA Tract Book EssayByAnthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar One might think that a “Wild Deed,” might have something to do with a youthfulindiscretion which took place after a college beer party. Instead, I must tell you that a“Wild Deed” is a concept found in Real Property Law. When I was taught about the“Wild Deed” in law school, I didn’t think that it would ever come up in real life, but Ihave a situation in mind where it can.Imagine this situation. Husband and Wife hold a Tenacy by the Entirety inBlackacre. Recall, that a Tenacy by the Entirety is an estate where, among other things,one half of the interest in the real property in question passes to the surviving spouse bysurvivorship when the other spouse has died. Recall, also, that because of the existenceof Race, Notice, or Race-Notice real property recording statutes, in order for a title toreal property to be valid, there must be a valid chain of title. In states where there is noTract Index (most of the East and South in the United States), in order to establish a goodchain of title, one must be able to undertake a Grantor-Grantee and a Grantee-Grantor search of the public real estate recording records. If one cannot undertake a valid searchusing the Grantor-Grantee index and verify the chain of title, then this is a defect in thetitle.Now, back to our hypothetical. Husband and Wife are married, and holdBlackacre as Tenant by the Entirety. Wife dies and no one bothers to probate the estate.

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