Title 42 — Real Property.

57 chapters · 1,018 sections in this title.

1,018 sectionsFiltered byTitle 42

D.C. Code § 42-101 No acknowledgment of deed by attorney
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(a) A general or specific power of attorney executed by a person authorizing an attorney-in-fact to sell, grant, or release any interest in real property shall be executed in the same manner as a deed and shall be recorded with or prior to the deed executed pursuant to the power …
D.C. Code § 42-111 Acknowledgments in Guam, Samoa, and Canal Zone
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Deeds and other instruments affecting land situate in the District of Columbia may be acknowledged in the islands of Guam and Samoa or in the Canal Zone before any notary public or judge, appointed therein by proper authority, or by any officer therein who has ex officio the powe…
D.C. Code § 42-112 Acknowledgments in Philippine Islands and Puerto Rico
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Deeds and other instruments affecting land situate in the District of Columbia may be acknowledged in the Philippine Islands and Puerto Rico before any notary public appointed therein by proper authority, or any officer therein who has ex officio the powers of a notary public; pr…
D.C. Code § 42-121 Manner of acknowledgment; form of certificate
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Repealed Repealed.
D.C. Code § 42-122 Acknowledgment out of District
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Repealed Repealed.
D.C. Code § 42-123 Acknowledgment in foreign country
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Repealed Repealed.
D.C. Code § 42-124 Certain defective acknowledgments prior to March 3, 1879, validated
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Repealed Repealed.
D.C. Code § 42-125 Certain defective deeds and acknowledgments prior to January 1, 1969, validated
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Repealed Repealed.
D.C. Code § 42-126 Acknowledgments by married women — prior to April 10, 1869
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Repealed Repealed.
D.C. Code § 42-127 Acknowledgments by married women — when validates defective power of attorney
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Repealed Repealed.
D.C. Code § 42-128 Validation of deeds made without acknowledgment prior to January 1, 1902
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Repealed Repealed.
D.C. Code § 42-129 Acts of Congress and Acts of Maryland cumulative as to deeds prior to January 1, 1902
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Repealed Repealed.
D.C. Code § 42-141 Definitions
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For the purposes of this subchapter, the term: (1) “Acknowledgment” means a declaration by a person that states: (A) The person has executed an instrument for the purposes stated in the instrument; and (B) If the instrument is executed in a representative capacity, that the perso…
D.C. Code § 42-142 Notarial acts
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(a) In taking an acknowledgment, the notarial officer shall determine from personal knowledge or satisfactory evidence that the person who appears before the officer and makes the acknowledgment is the person whose true signature is on the instrument. (b) In taking a verification…
D.C. Code § 42-143 Notarial acts in the District
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(a) A notarial act may be performed within the District by the following persons to the extent authorized by law: (1) A notary public of the District; (2) A judge, clerk, or deputy clerk of any court of the District; or (3) Any other person authorized to perform the specific act.…
D.C. Code § 42-144 Notarial acts in other jurisdictions of the United States
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(a) A notarial act shall have the same effect under the law of the District as if the notarial act had been performed by a notarial officer of the District, if the notarial act is performed in another state, commonwealth, territory, district, or possession of the United States by…
D.C. Code § 42-145 Notarial acts under federal authority
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(a) A notarial act shall have the same effect under the law of the District as if the notarial act had been performed by a notarial officer of the District if the notarial act is performed anywhere under authority granted by the law of the United States by: (1) A judge, clerk, or…
D.C. Code § 42-146 Foreign notarial acts
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(a) A notarial act shall have the same effect under the law of the District as if the notarial act had been performed by a notarial officer of the District if the notarial act is performed within the jurisdiction of and under authority of a foreign country or its constituent unit…
D.C. Code § 42-147 Certificate of notarial acts
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(a) A notarial act shall be evidenced by a certificate signed and dated by a notarial officer. The certificate shall include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and shall include the officia…
D.C. Code § 42-148 Short forms
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The following short form certificates of notarial acts shall be sufficient for the purposes indicated, if completed with the information required by § 42-147(a). (1) For an acknowledgment in an individual capacity: District of Columbia This instrument was acknowledged before me o…
D.C. Code § 42-201 Definitions
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For the purposes of this chapter, the term: (1) “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real …
D.C. Code § 42-202 Exemption from recordation and transfer tax
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(a)(1) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements, provided that the recordation of any conservation eas…
D.C. Code § 42-202.01 Rights of the holder of a conservation easement
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Whenever a recorded conservation easement has been registered with the Mayor, written consent of the holder of the registered and recorded conservation easement shall be required prior to the recordation of a subdivision by the Office of the Surveyor, and to the issuance of a per…
D.C. Code § 42-203 Persons who may bring actions
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(a) An action affecting a conservation easement may be brought by 1 of the following: (1) An owner of an interest in the real property burdened by the easement; (2) A holder of the easement; (3) A person having a third-party right of enforcement; or (4) A person authorized by oth…
D.C. Code § 42-204 Affected interests
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(a) This chapter applies to any interest created after May 16, 1986, which complies with this chapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. (b) This chapter applies to any interest created before…
D.C. Code § 42-205 Application and construction of chapter
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This chapter shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the chapter among states enacting it.
D.C. Code § 42-301 Present or future and vested or contingent interests conveyed by deed or will
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Any interest in or claim to real estate whether entitling to present or future possession and enjoyment, and whether vested or contingent, may be disposed of by deed or will, and any estate which would be good as an executory devise may be created by deed.
D.C. Code § 42-302 Perpetuities — Charitable uses excepted
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Repealed Repealed.
D.C. Code § 42-303 Perpetuities—Chattels real
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Repealed Repealed.
D.C. Code § 42-304 Perpetuities—Effect upon estates created by deed or will
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Repealed Repealed.
D.C. Code § 42-305 Title conveyable by anyone claiming such
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Any person claiming title to land may convey his interest in the same, notwithstanding there may be an adverse possession thereof.
D.C. Code § 42-306 Deed or will necessary for more than one-year term or for limitation upon such
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(a) For the purposes of this section, “commercial lease” means a lease for nonresidential real property. (b) Except as provided in subsection (c) of this section, no estate of inheritance, or for life, or for a longer term than 1 year, in any real property, corporeal or incorpore…
D.C. Code § 42-307 Perpetuities; pensions and employee trusts excepted
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Repealed Repealed.
D.C. Code § 42-401 Effective date of deeds; exception
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Any deed conveying real property in the District, or interest therein, or declaring or limiting any use or trust thereof, executed and acknowledged and certified as provided in §§ 42-101, 42-121 to 42-123 [repealed], 42-306, and 42-602 and delivered to the person in whose favor t…
D.C. Code § 42-402 Defective grants recorded before April 27, 1994
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(a) Any instrument recorded in the Office of the Recorder of Deeds before April 27, 1994, shall be effective notwithstanding the existence of 1 or more of the failures in the formal requisites listed in § 42-404, unless the failure was challenged in a judicial proceeding commence…
D.C. Code § 42-403 Defective grants recorded on or after April 27, 1994
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Any instrument recorded in the Office of the Recorder of Deeds on or after April 27, 1994, shall be effective notwithstanding the existence of 1 or more of the failures in the formal requisites listed in § 42-404, unless the failure is challenged in a judicial proceeding commence…
D.C. Code § 42-404 Failures in formal requisites of an instrument
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(a) The failures in the formal requisites of an instrument that may be cured by this act are: (1) An omission of an acknowledgment or a defective or improper acknowledgment; (2) A failure to attach a clerk’s certificate; (3) An omission of a notary seal or other seal; or (4) An o…
D.C. Code § 42-405 Notice of address and name change
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(a) Any owner, as defined under § 47-802(5), of real property entitled to receive notices under Chapter 8 of Title 47 shall notify the Office of Tax and Revenue of a name change or address change within 30 days. (b) Any name change shall be evidenced by the recording of a confirm…
D.C. Code § 42-406 First recorded deed preferred
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When 2 or more deeds of the same property are made to bona fide purchasers for value without notice, the deed or deeds which are first recorded according to law shall be preferred.
D.C. Code § 42-407 Instrument not properly executed or acknowledged not recordable
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The Recorder of Deeds shall not: (1) Accept for recordation any instrument unless the instrument is executed and acknowledged according to law by the person granting or contracting his or her right, title, or interest in the real property; (2) Accept for recordation any deed, as …
D.C. Code § 42-408 Record of conveyance by infant or infant trustee as evidence
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The record or a copy thereof of any deed recorded shall be evidence thereof, in the same manner and shall have the same effect as if such deed had been originally executed, acknowledged, and recorded according to law.
D.C. Code § 42-409 Bonds and contracts relating to land recordable
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Any title bond or other written contract in relation to land may be acknowledged, certified, and recorded in the same manner and with like effect as to notice as deeds for the conveyance of land.
D.C. Code § 42-410 Map or plat of subdivisions not recordable
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It shall not be lawful for any person or persons to record any map or plat of the subdivision of land in the District of Columbia in the office of the Recorder of Deeds for said District, whether such map or plat be attached to a deed or other document or is offered separately fo…
D.C. Code § 42-501 Recognized estates
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Estates in land in the District shall be estates of inheritance, estates for life, estates for years, estates at will, and estates by sufferance.
D.C. Code § 42-502 Fee simple estates — Estates tail abolished
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All estates of inheritance, including such as were formerly estates tail, shall be adjudged estates in fee simple.
D.C. Code § 42-503 Fee simple estates — Absolute or qualified
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An estate in fee simple may be either absolute or qualified, as to one and his heirs during an existing condition of things of uncertain duration.
D.C. Code § 42-504 Freeholds; chattels real; chattel interests; conditions precedent or subsequent
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Estates of inheritance and estates for life shall continue to be denominated freeholds, and estates for years shall be chattels real; estates at will or by sufferance shall be chattel interests, but shall not be liable, as such, to sale under execution; and all estates may be sub…
D.C. Code § 42-505 Estates pur autre vie; when deemed freehold and when chattel real
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An estate for the life of a third person, whether limited to heirs or otherwise, shall be deemed a freehold only during the life of the grantee or devisee, but after his death it shall be deemed a chattel real and be a part of his personal estate.
D.C. Code § 42-506 Estates classified; possession; expectancy
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Estates are either in possession or in expectancy.
D.C. Code § 42-507 Estate in possession
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An estate in possession exists when the owner has an immediate right to the possession of the land.