While the crew was staking one of clients boundary, an adjoiner(Smith) tells them (very matter-of-fact and not irate) that about 20 years ago, the former owners(Jones) of my clients property conveyed to him a small sliver pie-shaped piece of property (along with a 5 acre tract on the other side of the line). Smith shows them one pin on line (this pin is in old fence line about 3 feet out of line between two stones only 600 feet apart) No other pins found. Transaction would have required county approval but no documentation or surveys(Smith has no documentation). Transaction was only 20 years ago, but the Smith deed description is vague only recites distances and does not reflect sliver. When this was to have occured, Jones WOULD have been able to do this since they owned many contiguous tracts. Prior deed in Chain of Title for Smith does not even include property on client's side of the line. Smith has never physically claimed this sliver and an old fence remains on the original line. No other reason for the pin to be there. What say you?
"That is interesting, Mr. Smith, do you have a copy of the Deed from Jones?"
In other words, seek more information.
Is occupation bound by the stones or the old fence line? Is the deeded line in reasonable agreement with either? Not enough info.
jud
I say title search time.
if nothing transferred i would say they dont own it....who is paying the taxes, and on what acreage?
>Smith shows them one pin on line
Does it look 20 years old? (rust, no fresh hammer marks?)
Should a 20-year old pin be capped in your state?
Did Smith/Jones set the pin or a surveyor?
Was there any logical reason suggested for the pie-shaped slice, which you indicate he hasn't used?
Should there be a corresponding pin at the other end of the slice, or is that the stone you mention?
So, does Smith have a written document for the transaction? Conveyance of title must be made in writing. Not necessarily a recorded deed, but a writing is required. You've got the testimony regarding the transaction, where's the writing?
If you can't find a writing, then Jones should be contacted to confirm the transaction and to provide a new (replacement) document.
JBS
Jones was a former owner of my clients property and no longer owns it(may not even be living). The pin found was not on the line in question but one of the two corners that makes up the short leg of the triangle sliver. The triangle is about 300 long and 80 at the wide end. The 300' is along my client and the pin is 80 feet from one of the stones into my client's property along the 600' stone-to-stone line. (If that makes any sense)
JB (as usual) has it correct, no written conveyance, no sale...I would ask if any papers were ever drawn up and if not, unfortuantely he is out of luck.
Ask client if they wish to ratify the words of the adjoiner. If so, write it. If not, discuss it. Time to talk.
N
I would definitely talk to my client. the problem is that your client was not a party to the original contract and this would constitute a new subdivision of land. That is how I would handle it here anyways.
You need compelling evidence to pull you away from the deed. A written conveyance would do the trick but a rusty old pipe does not a boundary make. God and at least one other person knows where that pin came from.
Lacking a written transfer you should find out from your client which of the two is more important to him: that sliver of land or peaceful living? BLA or a decade of stone-throwing?
