I don't think the question is in error, at least not in all states. Florida, for example, requires all deeds of conveyance to have two witnesses. Under Florida Statutes Chapter 689.01, which is titled "How Real Estate is conveyed", it specifies "signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year, or by the party's agent thereunto lawfully authorized, unless by will and testament, or other testamentary appointment, duly made according to law". The SOS and AG have held that QCDs require two witnesses since it does, "in essence", convey real property.
But, technically speaking, you cannot physically convey real property by instrument. You can only convey "ownership" or "interest" in the property. But, as you well know, the law is full of semantical games and faux pas. |
