I kind of agree with my colleagues. See Fla. Stat. 95.231(1) which provides that five years after recording a deed, it can be accepted as valid and of record although there are no witnesses. See also Earp & Shriver, Inc. v. Earp, 466 So.2d 1225 (Fla. 2d DCA 1985) and Glanville v. Glanville, 856 So. 2d 1045 (Fla. 5th DCA 2003).

If there is no fraud, adverse possession, or pending litigation, the lack of witnesses on a deed is cured five years after the deed is recorded. In other words, if the deed was recorded then it is valid.

I think my colleagues assumed that the deed was not recorded.

In Florida a Deed has to be witnessed by two witnesses to be valid. You should contact an attorney to determine its validity and concerns on the property.

Good Luck!

The general rule is when the grantor is ready to complete the transfer, he must sign the quitclaim deed in the presence of a neutral third-party witness. This witness must also sign, testifying to the veracity of the signature.

A deed not witnessed is not a valid deed.

Just contact an attorney in the state and find out the answer you need. Most lawyers will speak with you and tell you what you need to know. If representation is needed, hire an attorney to protect everyone's rights. Good luck.

Check with an attorney in your state. Even if a deed is not properly executed time may cure the defects. Many states have curative statutes so you'll need to discuss it with a Florida attorney to know exactly what the situation is.

The realtor is probably referring to what is called "adverse possession", which involves a party controlling property of another. The key word is "adverse". The real owner of the property has to KNOW about the control and OBJECT to it. Then after a passage of time there can be a claim that the controlling person owns the land because the real owner did not take steps necessary to stop the control of the other.

Realtors are not lawyers and they are not qualified to practice law. In fact, giving you the legal opinion he did is a felony and he ought to prosecuted.

I am surprised that the clerk accepted it for recording without two witnesses: the Florida Statute Section 689.01 says in pertinent part "No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in or out of any messuages, lands, tenements or hereditaments shall be created, made, granted, transferred or released in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate. . . "

Going to a realtor for legal advice is somewhat like talking to a bus driver for medical advice. I would suggest that the deed is a nullity