New England
Hey Merlin,
What state you in??
Just curious..
Folks if the deed is not recorded, and the adjioner refuses to cooperate, how does he find the deed?
I agree with some of the posters above. Around here, finding out who owns a tract is never an issue. The tax records and property appraiser's pages online have all the information you need. Before online resources, we used to stop by the county property appraiser/tax collector's office to get the information. If all else fails, we'd hire a competent title abstractor (who probably knows more tricks than I ever will) and pass the cost along to the client.
> Folks if the deed is not recorded, and the adjioner refuses to cooperate, how does he find the deed?
I'd try tracking the adjoiners to the uncooperative adjoiner (if that makes sense) back to see if a previous owner of the property is referenced, if so, at least I'd have a name and a date to start going through the grantee/grantor records.
Also (at least around here - central Maryland) there were many county maps published in the mid 1800's that showed the property owners at the time. A lot have been scanned and are online, if not the county historical society usually has a copy. Example from the 1859 Taggert map of Washington County.
If all the good advise above doesn't work, set a couple of pipes 50 feet inside the apparent property line and label the laths TP's. Flag them up real good and wait for the phone call and co-operation. (just kidding, but I sure would want to do that)
He would hire a title company. If they can't find one he would contact an attorney.
I just deleted a very similar comment from my last post! It might get someone's attention...
I have seen deeds recorded in recent times that were actually written decades earlier. The only reason the owner recorded it was that now they wanted to sell it.
Happens quite often.
I definitely feel your pain, Tommy.
New England
Maine, but I have surveyed in all New England States at least one time (not as a LS.)
It is pain, but it is not terminal. Good deed research should resolve the question. This is why we get paid the big bucks.
If they have in fact owned it since prior to the civil war and the property was passed along by inheritance, there may not be a deed or traceable one or description. At worst case, some kind of quiet title action may have to be filed to nail down where the property line is. Another option is to work strictly from your deed, stake the line and see what happens.
Sounds like probate research time.
Exactly. People do die and there is a paper trail.
Hurray for the PLSS. Everything is tied to it's physical location by fraction of section/township/range or platted subdivision of record.
I do understand the frustration with unrecorded transfers within families. Trying to figure out why Bob and Betty Smurthwaite are deeding the Jack and Barbara Stonefelter land to Fred and MaryBeth McAllister is a pain. Especially when the next recorded deed for the same property is from Elmo and Sissy Hagendass to Bracamalra Sudishranistanton.
Yes, except the will just says, "I leave all my real estate to X" with no indication of how the person got title.
For the record, I don't know that the deed isn't recorded. The problem is I have no idea who's name it's recorded in.
Ride around the neighborhood until you find an old man out on his porch, he'll tell you more than you probably would want to know.
If there is something that old men in your area are fond of, (beer, tobacco, etc.)(no, not young women, well maybe if you have a cute secretary) bring some along.
The best ones are to be found in a garden, on a porch swing or maybe in an old rocking chair.
Tie up some pink flagging or drive some stakes in a line across his front yard, you'll probably find out where the deed is then.
You know the answer.
The question is: why the heck did I give a lump sum bid on this thing?
Just guessing here. They may not know themselves and are embarrassed to admit it. I'd keep pesting them and try to get something going in the way of communication.
I've been in similar circumstances.
Send them a certified letter stating that you believe there is an error in your client's deed that may entitle them (the adjoiners) to an additional 100 acres of land. That ought to get their attention.
Dumb question but, can't you get the owners name from the tax office?
