After my father died my step mother, following his wishes, gave me a notorized warranty deed to some land that has timber on it. About 7or 8 days after giving me the deed she told me she needed to see it again to be sure the descripition was correct. When I gave it to her to look at she wrote on the bottom that she was reserving the right to cut any and all the timber for as long as she lives. I told her that was not legal and she should take it off but she refused. I did not want to record it with that on it so I continued to talk to her in an effort to get her to take it off but she always refused. I told her I would record it anyway and let the court settle the hand written addition she added. The next day she went to a different lawyer and had a quitclaim deed to the same property she gave me made out to her and her two daughters. She went straight to the court house and recorded it. I did not find this out until later when I went to record the deed she gave me. I recorded it anyway. Now she is saying my deed is no good because she recorded the quitclaim deed first. Is it legal for someone to cheat you this way? What can be done to make my deed legal and clear? This is in Arkansas.

Assuming it was a typed and signed deed, her comments on the deed should have no legal bearing.

You need to file your warranty deed, esp since as a warranty deed, she can be held liable for your legal expense to fight for legal right to property

First you file you deed, then you sue her to clear the deed, and ask for her to pay all of your legal expense

The recording of a deed gives notice to third parties, who are entitied to rely upon the record to determine whether the person who sold them the property had the right to so sell it.

If she and her daughters try to sell the property, the validity of the sale will depend upon the whether Arkansas is a "notice" state or a "race-notice" state.

You might want to, before such a third-party enters the picture, file suit now to remove the cloud on your title which the later deed is. If you do so, you might at the same time file a lis pendens, so as to head off her selling the property to a third party while the suit is pending.

... You need to file your warranty deed...

OP indicates it has already been recorded:


... She went straight to the court house and recorded it. I did not find this out until later when I went to record the deed she gave me. I recorded it anyway. ...

First question is who held title prior to your father's death? Was it in your father's name? Was your step mother the executor of your father's estate? Was there a will? How was your father's wishes expressed?