Code of the District of Columbia

Chapter 1. Acknowledgments.


Subchapter I. General.

Part A. Acknowledgments of Deeds.

§ 42–101. No acknowledgment of deed by attorney.

(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 of attorney. If the power of attorney is recorded prior to the deed executed pursuant to the power of attorney, the deed being executed pursuant to the power of attorney shall include a recording date and instrument number reference of where the original recorded power of attorney is located in the Office of the Recorder of Deeds for the District of Columbia. All powers of attorney executed in accordance with this section shall contain on the top of the front page, in bold and capital letters, the following words:

“THIS POWER OF ATTORNEY AUTHORIZES THE PERSON NAMED BELOW AS MY ATTORNEY-IN-FACT TO DO ONE OR MORE OF THE FOLLOWING: TO SELL, LEASE, GRANT, ENCUMBER, RELEASE, OR OTHERWISE CONVEY ANY INTEREST IN MY REAL PROPERTY AND TO EXECUTE DEEDS AND ALL OTHER INSTRUMENTS ON MY BEHALF, UNLESS THIS POWER OF ATTORNEY IS OTHERWISE LIMITED HEREIN TO SPECIFIC REAL PROPERTY.”

(b) A person with a general or specific power of attorney executing a deed for another shall sign and acknowledge the deed as attorney-in-fact.

(c) A power of attorney is deemed to be revoked when the instrument containing the revocation is recorded in the Office of the Recorder of Deeds for the District of Columbia. A person revoking a power of attorney shall sign and acknowledge the instrument containing the revocation. Notwithstanding the above, any attorney-in-fact receiving written notice of the revocation by the party who granted the power of attorney shall cease from any further action as attorney-in-fact on behalf of the party who granted the power of attorney. The instrument of revocation should reference the recording date and instrument number of the original power of attorney. A person granting a power of attorney may revoke the power to convey real property without affecting any other powers contained in the original power of attorney by reciting in the revocation that the revocation of the power to convey real property shall not affect the remaining powers granted in the original power of attorney.


(Mar. 3, 1901, 31 Stat. 1268, ch. 854, § 498; Apr. 27, 1994, D.C. Law 10-110, § 2(b), 41 DCR 1023.)

Prior Codifications

1981 Ed., § 45-601.

1973 Ed., § 45-401.

Section References

This section is referenced in § 21-2101, § 21-2104, § 42-401, and § 42-404.

Cross References

Construction of general power of attorney relating to real property transactions, see § 21-2104.

Effective date of deeds, see § 42-401.

Failures in formal requisites of an instrument, fraudulent acts, see § 42-404.

Statutory form of power of attorney, authorized real property transactions, see § 21-2101.


Part B. Acknowledgment in U.S. Territories.

§ 42–111. Acknowledgments in Guam, Samoa, and Canal Zone.

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 powers of a notary public; provided, that the certificate by such notary in Guam, Samoa, or the Canal Zone, as the case may be, shall be accompanied by the certificate of the governor or acting governor of such place to the effect that the notary taking said acknowledgment was in fact the officer he purported to be; and any deeds or other instruments affecting lands so situate, so acknowledged since the 1st day of January, 1905, and accompanied by such certificate shall have the same effect as such deeds or other instruments hereafter so acknowledged and certified.


(June 28, 1906, 34 Stat. 552, ch. 3585.)

Prior Codifications

1981 Ed., § 45-605.

1973 Ed., § 45-405.


§ 42–112. Acknowledgments in Philippine Islands and Puerto Rico.

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; provided, that the certificate by such notary in the Philippine Islands or in Puerto Rico, as the case may be, shall be accompanied by the certificate of the Executive Secretary of Puerto Rico, or the Governor or Attorney General of the Philippine Islands to the effect that the notary taking said acknowledgment was in fact the officer he purported to be.


(Mar. 22, 1902, 32 Stat. 88, ch. 273; Mar. 2, 1917, 39 Stat. 968, ch. 145, § 54; May 17, 1932, 47 Stat. 158, ch. 190.)

Prior Codifications

1981 Ed., § 45-606.

1973 Ed., § 45-406.


Part C. Repealed Provisions.

§ 42–121. Manner of acknowledgment; form of certificate [Repealed]

Repealed.


(Mar. 6, 1991, D.C. Law 8-205, § 12(a), 37 DCR 8444.)

Prior Codifications

1981 Ed., §§ 45-602 to 45-604.


§ 42–122. Acknowledgment out of District [Repealed]

Repealed.


(Mar. 6, 1991, D.C. Law 8-205, § 12(a), 37 DCR 8444.)

Prior Codifications

1981 Ed., §§ 45-602 to 45-604.


§ 42–123. Acknowledgment in foreign country [Repealed]

Repealed.


(Mar. 6, 1991, D.C. Law 8-205, § 12(a), 37 DCR 8444.)

Prior Codifications

1981 Ed., §§ 45-602 to 45-604.


§ 42–124. Certain defective acknowledgments prior to March 3, 1879, validated. [Repealed]

Repealed.


(Apr. 24, 1994, D.C. Law 10-110, § 4, 41 DCR 1023.)

Prior Codifications

1981 Ed., § 45-607.


§ 42–125. Certain defective deeds and acknowledgments prior to January 1, 1969, validated [Repealed]

Repealed.


(Apr. 24, 1994, D.C. Law 10-110, § 4, 41 DCR 1023.)

Prior Codifications

1981 Ed., §§  45-608 to 45-612.


§ 42–126. Acknowledgments by married women — prior to April 10, 1869 [Repealed]

Repealed.


(Apr. 24, 1994, D.C. Law 10-110, § 4, 41 DCR 1023.)

Prior Codifications

1981 Ed., §§  45-608 to 45-612.


§ 42–127. Acknowledgments by married women — when validates defective power of attorney [Repealed]

Repealed.


(Apr. 24, 1994, D.C. Law 10-110, § 4, 41 DCR 1023.)

Prior Codifications

1981 Ed., §§  45-608 to 45-612.


§ 42–128. Validation of deeds made without acknowledgment prior to January 1, 1902 [Repealed]

Repealed.


(Apr. 24, 1994, D.C. Law 10-110, § 4, 41 DCR 1023.)

Prior Codifications

1981 Ed., §§  45-608 to 45-612.


§ 42–129. Acts of Congress and Acts of Maryland cumulative as to deeds prior to January 1, 1902 [Repealed]

Repealed.


(Apr. 24, 1994, D.C. Law 10-110, § 4, 41 DCR 1023.)

Prior Codifications

1981 Ed., §§  45-608 to 45-612.


Subchapter II. Uniform Notarial Acts. [Repealed]

§ 42–141. Definitions. [Repealed]

Repealed.


(Mar. 6, 1991, D.C. Law 8-205, § 2, 37 DCR 8444; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)

Prior Codifications

1981 Ed., § 45-621.

Editor's Notes

For Revised Uniform Law on Notarial Acts, see Chapter 12A of Title 1.


§ 42–142. Notarial acts. [Repealed]

Repealed.


(Mar. 6, 1991, D.C. Law 8-205, § 3, 37 DCR 8444; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)

Prior Codifications

1981 Ed., § 45-622.

Section References

This section is referenced in § 42-147.

Editor's Notes

Uniform Law: This section is based upon § 2 of the Uniform Law on Notarial Acts.


§ 42–143. Notarial acts in the District. [Repealed]

Repealed.


(Mar. 6, 1991, D.C. Law 8-205, § 4, 37 DCR 8444; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)

Prior Codifications

1981 Ed., § 45-623.

Editor's Notes

Uniform Law: This section is based upon § 3 of the Uniform Law on Notarial Acts.


§ 42–144. Notarial acts in other jurisdictions of the United States. [Repealed]

Repealed.


(Mar. 6, 1991, D.C. Law 8-205, § 5, 37 DCR 8444; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)

Prior Codifications

1981 Ed., § 45-624.

Editor's Notes

Uniform Law: This section is based upon § 4 of the Uniform Law on Notarial Acts.


§ 42–145. Notarial acts under federal authority. [Repealed]

Repealed.


(Mar. 6, 1991, D.C. Law 8-205, § 6, 37 DCR 8444; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)

Prior Codifications

1981 Ed., § 45-625.

Section References

This section is referenced in § 42-143 and § 42-144.

Editor's Notes

Uniform Law: This section is based upon § 5 of the Uniform Law on Notarial Acts.


§ 42–146. Foreign notarial acts. [Repealed]

Repealed.


(Mar. 6, 1991, D.C. Law 8-205, § 7, 37 DCR 8444; Feb. 5, 1994, D.C. Law 10-68, § 36, 40 DCR 6311; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)

Prior Codifications

1981 Ed., § 45-626.

Editor's Notes

Uniform Law: This section is based upon § 6 of the Uniform Law on Notarial Acts.


§ 42–147. Certificate of notarial acts. [Repealed]

Repealed.


(Mar. 6, 1991, D.C. Law 8-205, § 8, 37 DCR 8444; Dec. 10, 1991, D.C. Law 9-52, § 2(a), 38 DCR 6585; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)

Prior Codifications

1981 Ed., § 45-627.

Section References

This section is referenced in § 42-148.

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Uniform Law on Notarial Acts Temporary Amendment Act of 1991 (D.C. Law 9-9, July 13, 1991, law notification 38 DCR 4812).


§ 42–148. Short forms. [Repealed]

Repealed.


(Mar. 6, 1991, D.C. Law 8-205, § 9, 37 DCR 8444; Dec. 10, 1991, D.C. Law 9-52, § 2(b), 38 DCR 6585; Dec. 4, 2018, D.C. Law 22-189, § 34(a), 65 DCR 11606.)

Prior Codifications

1981 Ed., § 45-628.

Section References

This section is referenced in § 42-147.

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Uniform Law on Notarial Acts Temporary Amendment Act of 1991 (D.C. Law 9-9, July 13, 1991, law notification 38 DCR 4812).