Allen v. Allen

From wikilawschool.org. Wiki Law School does not provide legal advice. For educational purposes only.
Allen v. Allen
Court Massachusetts Appeals Court
Citation 16 N.E.3d 1078
Date decided September 16, 2014

Facts

  • Mrs. Allen had 6 grown children with her deceased husband
  • Harold (a son) claimed that Mrs. Allen executed a deed in July 2001 conveying the parents' house to him & Mrs. Allen (her mother) as joint tenants. Her claimed that the preparing attorney had signed an acknowledgment
  • In November 2001, Mrs. Allen conveyed the same family home to her daughter Deborah & herself upon her death; thus, her daughter would inherit the home once the mother died.
  • Mrs. Allen (the mother who owned the family home) died in 2009
  • Allen = plaintiff = family daughter
  • Allen = defendant = family son

Procedural History

  • Deborah sued Harold in a trial court in Massachusetts
  • The judge determined that the July 2001 acknowledgment (notarized copy) of Harold was defective.
  • Harold lost.

Issues

Is proper recording & acknowledgment of a deed conveying land required to provide constructive notice?

Arguments

Deborah argued that Harold's deed of July 2001 was forged.

Holding

Yes; proper recording & acknowledgment of a deed conveying land is required to provide constructive notice.

Harold's July 2001 wasn't effectively recorded in accordance with Massachusetts property law.

Judgment

Affirmed

Rule

The purpose of recording statutes is to provide protections & reliable registry records for grantees.

Resources