Bringing a Quiet Title Suite in which there is a gap (large gap involving 5.5 acres)
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Here are the basic facts:
12 years ago I conducted a very exhaustive survey on an aliquot (¼ ¼) property and the adjoining metes & bounds parcel. The short story to this is that the two parcels are not contiguous and that a strip of unknown ownership exists between the two properties. The gap tracks back to deeds that were created in 1915.
This tract remains ‘unclaimed’ and untaxed by the county.
Would it be unethical for me to bring a Quiet Title action to obtain ownership of this parcel?
BTW – This is in an area where home sites average about $125k
YES - it would be unethical. You discovered this while working for someone else. Perhaps if you had all the adjacent owners permission to proceed it might be OK, but I would even doubt that.
Having said that - there has to be an owner of record at some point in the past and that person probably has heirs. At some point in time the section (or quarters) were acquired by someone and you need to figure out who that was. It sounds like the person that broke out the M&B tract that did not go to the 1/4 1/4 line is the one that would technically have the title.
>untaxed by the county
Do they show it as unclaimed? Or don't show that it exists?
The ethics issue would be whether you are using information not available to the general public and the adjoiners.
Aside from the ethics, I don't understand how you would go about establishing any claim on it if you don't have color of title, aren't an adjoiner, and haven't been using it.
Isn't somebody using it in some way? It is rare to find acres in a built-up area that are totally ignored.
agreed. Somebody owns it, if not a patentee (or heirs thereof), then the govt.
Find, in the chain of title, the most probable last person(s) that held title to the 'gap'...then find all their heirs..obtain quit claim deeds (this might take some money) from most, or all of them. Then you will have a claim, or color of title, to the property. Now, lawyer up (this will take money) and plow ahead with the quiet title suit...also be prepared to pay up back taxes.
I honestly don't see it as being unethical. There are investors that scour records looking for just such a find. And they are successful.
Is there an actual, clearly defined physical gap in occupation and control?
If not, you simply have an inaccurate description with ownership being held by the one who is in possession of the land.
In federal retracement surveys, the BLM is required to determine if 'bona fide rights' exist and, if so, preserve those rights by correcting the description of the boundaries in order to comply with 43 U.S. Code 772. The private surveyor, in complying with state statutes, must determine what process that meets your state law requirements in preparing and assisting the owner to record the necessary correction documentation.
Richard Schaut
yes it is unethical
google fiduciary duty