@jph?ÿ ?ÿ NOTHING is malpractice for an attorney. They can lie to everyone except their client. They are not even required to tell the truth in court. I think they are only required to be truthful to the judge in 'bench' conversations.?ÿ
I wish I could lie to my clients neighbors, it would make thing a lot easier.?ÿ
In case I am not the only one living under a rock; per Google:
IANAL is a Usenet and chat abbreviation (initialism) for the expansion "I am not a lawyer". The expansion may be used by non-lawyers who are seeking to avoid accusations of unauthorized practice of law and are not making any recommendation to the particular addressee of their remarks.
Will this conveyance allow for any kind of of regulatory freeze??ÿ In MA filing certain plans allows for a zoning freeze for a number of years.?ÿ Or should I have said do these people believe this slight of hand accomplishes anything, starting or stopping the clock??ÿ?ÿ
Did the neighbor get a survey??ÿ I'm curious how the property between the two fences was described.
That would be the case if you gave notice to the adjacent property owner.?ÿ I doubt it could be considered hostile just filing a document that nobody knows about.?ÿ I think there are fraud laws on the books to stop this kind of thing.
I read thousands (yes, what can I say, it was compelled by the intrigue...) Of quit claim deeds drawn up to transfer to new corporate officers, lien holders, new members of an LLC and then see them loop through every officer of that corporation or members of the LLCs to obfuscate the true ownership and possession of and liability due to their shady dealings, usually and highly suspicious Loan for deed scams.
If I understand the situation there is a fence at the alternate location which should put the encroached upon owner on notice. But, sure. Written documents are always good to have in court.
In Oregon, a QCD such as this would (probably) defeat a claimants statutory AP case because he could no longer claim an honest belief that the property was included in his deed description - the QCD to himself being a non-starter for that purpose. A situation which I believe is unique to Oregon now that common-law AP is fading into the past.?ÿ
@john-putnam That's an interesting question, whether "nobody knows about" the document. In US jurisdictions that have registries of deeds, the whole world is considered to have constructive notice of all the recorded documents. Maybe my habit of checking the registry a few times a year for any new documents for my neighborhood is more important than just an exercise in curiosity.
@jph mentioned that in his working area, which includes Massachusetts, quitclaim deeds are common. They certainly are ?? I'll say they're by far the most common ?? but I'll point out that "quitclaim" means something different in MA than I think it does in at least some other states.
In MA, there are warranty deeds, quitclaim deeds, and release deeds. MA warranty deeds are, I believe, the same as in other states: the grantor provides a warranty against problems that could have originated at any time in history, including prior to the grantor's ownership.
MA quitclaim deeds actually do provide some warranty, and I think are equivalent to what are called limited warranty deeds or special warranty deeds in some other states. They provide protection against problems that originated during the grantor's ownership, but not prior to that.
MA release deeds are equivalent to what I think some other states call quitclaim deeds. The grantor is saying nothing more than "I'm relinquishing my claims to this property."
Common wording of MA quitclaim deeds is: "Fred Smith grants to John Doe with quitclaim covenants a certain parcel..." The Massachusetts General Laws define the full meaning of "quitclaim covenants." Chapter 183 Section 17 (also Section 11) says:
In a conveyance of real estate the words ''quitclaim covenants'' or the words ''limited covenants'' shall have the full force, meaning and effect of the following words: ''The grantor, for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs, successors and assigns, that the granted premises are free from all encumbrances made by the grantor, and that he will, and his heirs, executors, administrators and successors shall, warrant and defend the same to the grantee and his heirs, successors and assigns forever against the lawful claims and demands of all persons claiming by, through or under the grantor, but against none other''.
It might give you ??color or claim of title? which in some states is one of the requirements for adverse possession.?ÿ
I suspect that is their reasoning.?ÿ But I'd think that would fall apart fairly quickly.?ÿ
It probably would make more sense if they found a distant heir, or at least someone with the same last name to grant a quitclaim.?ÿ Then it would at least have some appearance of being a somewhat claim to the land.
In days of old the alleged owner would deed the property to a friend who would then immediately deed it back.
I've seen straws before, but thought that was for some other title reason.
I've never seen a case where someone claimed land this way.?ÿ It seems so easy to research back a few deeds to find something so blatantly obviously fraudulent, that I can't imagine anyone doing it.?ÿ But I probably haven't seen everything yet
Lol
lolololol
Only a lawyer would accuse a nonlawyer of practicing law without being barred, and frankly, if I want to talk about the law it's a publicly available resource and unless I'm filing motions in court or appearing before a judge magistrate or grand jury fear no such ridonkulous and even petty pusillanimous attack.
I even encourage them.
Weak lawyers like to lower the bar( yes double entendre) and get engaged with non lawyers far too often. Wise attorneys and judges know better, and leave those battles to the lower echelons.
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My $0.02 anyway
