Also known as: void deeds · invalid deed
Written by attorneys · grounded in primary & secondary sources — see below
A deed that is legally ineffective from the moment of execution and therefore passes no interest in the property described. The defect, such as forgery of the grantor's signature, means the instrument is a nullity that cannot serve as a root of title for any subsequent grantee.
Vera Vargas owns a vacant lot. Without her knowledge a broker forges a deed conveying the lot to Viktor Voronin and records it. Voronin then deeds the lot to Valor Capital, which records, subdivides the parcel, and sells townhomes to individual buyers who also record. When Vargas sues to recover possession, the court holds that the forgery rendered the initial deed void, so Valor Capital and the buyers acquired no title despite their good faith and recording.
Olivia owns land with valuable mineral rights. Her accountant forges a deed conveying those rights to Prairie Drilling, which pays value and records. Prairie later conveys the rights to Titan Energy, which also pays value, searches title, and records. When Olivia sues Titan to quiet title, the court determines that the forged deed conveyed nothing, leaving Olivia as the sole owner regardless of Titan's status as a subsequent purchaser.
Select any source to read its text and confirm it supports the definition.
No. Recording statutes resolve priority only among valid instruments. A forged deed is void and passes no title, so subsequent purchasers, even those who pay value and record without notice, acquire nothing from the forger.
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No. The shelter rule and recording acts protect only those who take from a grantor who actually holds title. Because the forger acquires nothing, every later deed in the chain remains defective against the true owner.
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No. An ejectment action itself allows the owner to challenge the validity of the instruments in the defendants' chain and establish superior title. The forgery renders the deed void from the outset, so no preliminary suit is required.
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…and subsequently remarried. The main thrust of the appellants’ argument concerns the deed. Appellants argue that (1) the void deed was inadequate for color of title and (2) the deed’s description was inadequate for adverse possession because it failed to describe a specific piece of property. The first argument is…