Not sure if this is how you are in person, but your posts sometimes seem like you're barking commands at people.
Many here say things like, "you should probably" or "I would do [this]" or "in my opinion"
Just an observation.?ÿ ; )
@jph I would like to say I'm softer in person, but that's likely untrue.
I do get passionate about some subjects more than others. Poor title work caused my family a great deal of suffering. I built a career (and apparently a personality) learning how to prevent others from having the same experience. No excuses, just me.
Thanks for the feedback, Tom
@thebionicman Instead of the quit claim deed what would you use to document the problem and what would be your alternate solution?
@lurker?ÿ
Bionicman is saying that the quit claim can trigger a non-conforming parcel problem from the city/county. In the areas I work in it wouldn't but I can see where it's possible. Since the owner of Lot 3 doesn't really have a chain of title to claim ownership of the S1/2 of Lot 2 I can't think of a better option that a quit claim deed unless there is still the possibility of a corrective warranty deed.?ÿ
Agreed
QCDs are used all the time by shady land scammers to shirk and avoid liability and obfuscate. Saw literally thousands of them in the county I worked for in the the assessor data.
It's getting even more interesting now.?ÿ Not only did I figure out that the one of the abutter's grantors died in 2007, it looks like the abutter himself, died this year.?ÿ
Now looking to see if the other grantor is still living - would be in her 80's, if so
Where this can get messy is if the abutter has a loan that allegedly uses part of your client's property as collateral.
Sounds like the bank's problem to me.?ÿ?ÿ
EXACTLY.?ÿ DOn't overthink it, and get a bunch of people in trouble, and end up in court.?ÿ Exchange deeds, and have them spell out exactly what is going on in the deed and why.?ÿ Hopefully do a survey for all of the properties at the same time!
@lurker it depends on your State laws. Some cases would require a corrective deed, properly executed by the original grantors/ grantees or successors in interest. Some allow for agreements to reconcile the description of record with the actions of the owners.
I have been told many times the courts must order the fix, but nobody has ever shown me a law, rule or case to support that. If local planning attempts to step in the courts may have the advantage of forcing them to butt out.
@bstrand?ÿ
We had a bizarre situation occur somewhere in the 1990's with a property about a mile and a half from my house, as the crow flies.?ÿ Some lender contacted us to do a mortgagee title inspection on a double-wide and horse barn setting on three or four acres.?ÿ No big deal.?ÿ UNTIL.?ÿ The deed description, which had been prepared by a licensed land surveyor, was flat out wrong by 198 feet along the west section line.?ÿ His description would have taken in over half of the adjoiner's house.?ÿ We found his bars fitting the actual occupation at points 198 feet north of where the description should be.?ÿ The following elements made this rather fun:
a)?ÿ The new buyer's lender was Bank A.
b)?ÿ The seller's lender was Bank A.
c)?ÿ ?ÿThe adjoiner's lender was Bank A.
d)?ÿ The adjoiner was living on the same farm and in the same farm house where he grew up.
e)?ÿ The adjoiner was the one who had acquired the subject tract from his parents and had had the horse barn built and the double-wide placed based on the survey mentioned above.?ÿ The reason he needed that double-wide was that he had taken bankruptcy on a property directly across the road in the 1980's and needed a new place.?ÿ He defaulted on the mortgage on the double-wide tract about the same time as his last parent died.?ÿ So, he and his family moved into the old family farm house a short distance away.
f)?ÿ The bank he defaulted to on the double-wide tract subsequently failed and that property was transferred to FDIC for attempting to get some money back. By coincidence, his first house had been lost to the same bank and transferred to FDIC.?ÿ I had a one-sided contract with FDIC to purchase the first house and 150+ acres.?ÿ I was locked in but FDIC is never locked in.?ÿ I still do not own it.
g)?ÿ I attended an auction held in Kansas City, Missouri where FDIC was auctioning off somewhere between 50 and 100 such properties, including the one with the double-wide.?ÿ I wanted the land, but not the double-wide.?ÿ A former classmate of mine showed up and began bidding.?ÿ I would not raise his bid.?ÿ By the time he had quit the price was above what I was willing to pay.?ÿ Spoke with him later in the hall and discovered he had no interest in the land, only the double-wide to be moved.?ÿ Had we worked together I would probably still own that land today.
h)?ÿ Worked with the lender to get through the proper order of transactions to correct everyone's deeds and ended up getting paid more than double what a standard survey would have cost.
A corrective deed can't be done here by successors, if the original grantors are not in the picture the corrective deed is a non-starter (so I've been told, I'm not an attorney). The planers here have gotten into some hot water by getting over their skis with a couple of cases similar to this one.?ÿ
@mightymoe That's why I repeatedly refer to jurisdiction. We can 'help' each other into a heap of trouble if we forget that...
I'm with you on that. And I keep saying I'm not a lawyer, I keep finding out how much of one I'm not.?ÿ
I had a similar thing happen. Hilly subdivision, adjoiner had a garage over his other line (not the one with client). Apparently this was discovered around 1950 and the next owner over transferred a small parcel over to adjoiner. Then it got forgotten. Over the decades the adjoiner lot got transferred without the add on parcel. The assessor shows the adjoiner lot including the extra land. It didn??t affect my client.
