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What would you do?

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(@spledeus)
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ps, i'm not very pushy. it's part of the reason i'm considering the donation to conservation. it would screw up all future development of the area, so i'd get the last laugh...

 
Posted : March 20, 2012 12:18 pm
(@nyde7)
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Question? How do you know the amount owned without knowing all involved.

In NY there is no such thing as "land locked property", not sure where you are but worth looking into.

Also in NY, a boundary line agreement is only quit claiming the land so they can only convey the interest they possessed.

It is a dollar and cents issue as to whether to continue. Is it financially worth it? Is there a great enough profit? or is it easier to sell your interests and walk away? which ever produces the greater $, is the way to go.

 
Posted : March 20, 2012 1:27 pm
(@masssurveyor)
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Sounds like you need to have an attorney begin the process to "quite title" to the property. I have seen this work a couple of times, where by posting in a public media for a specific period of time, requesting all persons of interest to come forward and claim their title. If no one comes forward then a judge can award title to those who remain. Your 7/72 interest could expand; but it can never diminish.
Vengance is for those with little else to imagine. Donating the land to a conservation trust will only eliminate your interest and will result in giving someone else the opportunity to quite title to the property. IMHO

 
Posted : March 20, 2012 4:03 pm
(@bill93)
Posts: 9834
 

I'm going out on the limb a little beyond my expertise, so prove me wrong, but ...

I thought any valid deed conveyed whatever interest the maker owned in the property described. Whether warranty or quit claim should make no difference in the chain of title. If and only if the seller owned it, title transfers to the buyer.

What a warranty deed does is give the purchaser the right to sue the seller if the title wasn't good, whereas with quitclaim there is no recourse. Quitclaim sells what is described IF the seller has any ownership without stating that he DOES have ownership.

 
Posted : March 21, 2012 5:25 am
(@spledeus)
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When a warranty deed states " ... that I am lawfully seized in fee simple ... and I and my heirs and assigns shall WARRANT and DEFEND ..." does that mean someone is conveying a full interest? Simple answer: yes, complicated answer: maybe, lawyer's answer: what answer would serve my client best?

 
Posted : March 21, 2012 6:03 am
(@tangent)
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Quiet title action! you appear to have 7 parts more than anyone else stepping up to the plate.

 
Posted : April 24, 2012 9:39 pm
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