My mother signed some property over to me in 1999 by using a quit claim deed, we had the property surveyed and the legal description quit claim deed was filed at the court house, now I am currently selling the property and have been told by the title company that the survey done in 1999 is incorrect, the property has been surveyed again and the corrections made on the legal description of the quit claim deed but now my mother refuses to sign the corrective quit claim deed, is there anything I can do??
The land is in Florida

Since the only reason for the corrective deed is changing the legal description of the property, then your mom has no recourse to refuse to sign. You may have to go to court to compel her signature though.

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Originally Posted by cordana

my mother signed some property over to me in 1999 by using a quit claim deed, we had the property surveyed and the legal description quit claim deed was filed at the court house, now i am currently selling the property and have been told by the title company that the survey done in 1999 is incorrect, the property has been surveyed again and the corrections made on the legal description of the quit claim deed but now my mother refuses to sign the corrective quit claim deed, is there anything i can do ????
The land is in florida

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What did you pay her for the property? If she simply gave it to you, I don't see how she can be required to give it to you again.

If you paid her for the property, why was it done with a quitclaim deed. In any event, I believe 11 years is beyond the statute of limitations for contracts to convey real property. If so, you have no right to a QCD.

I guess my issue is exactly what it changes on the deed. The legal discription should be the same, so many feet from point a or b the only issue on a survey is where those points are.
*** are am I missing something.

But you will have to clear the title in court if she will not sign it.

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Originally Posted by Fr_Chuck

I guess my issue is exactly what it changes on the deed. The legal discription should be the same, so many feet from point a or b the only issue on a survey is where those points are.
*** are am I missing something.

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Right. Say the legal description reads something like this:

From point A 100 feet north to point B; then 100 feet west to point C; then 100 feet south to point D; thence 100 feet east to the point of beginning (point A).

Now your title company got a survey which said what something like, Points C and D are actually 101 feet to the west of the line A-B? Well, your mother didn't give you that 1' by 100' strip. And she doesn't want to. So how do you figure she should have to?

The issue can be solved by application of the law of adverse possession, assuming the AP SOL is less than the 11 years you thought the land was yours. Without knowing all the details, it appears the applicable statute 1s seven years in Florida.