Surveying a parcel of land approximately 80 acres (two 40's stacked north-south).
The previous owner sold a strip along the east side of the 80 in the early 1980's.
The new owner received a deed without the sale excepted, no big deal to me since I already had the trail of deeds, but it sure seems to be to the title people.
They are wanting to quit claim the strip out to the neighbor (still the same owners from the 1980's).
So I say how does that help? The offending deed will still be in the courthouse..........
Seems pointless to me.
Several years ago I was surveying the remaining portion of an estate and it consisted of a house site retained by the head of a family.
In the many conveyances and creation of a subdivision on the long driveway into the old farm a parcel of approximately 20ft by 200ft was omitted in the last transfer from Family Estate Executor to Family Member.
Only two monuments of the three separate tracts were missing and they were on the west end of this small parcel.
When I brought up that fact and included in in my description of the remainder of the property, it was like that can't be.
In my view it was a simple fix because the Executor and Family Member were still alive and a corrected deed seemed in order.
The Executor did not want to be involved because he declared he had signed the proper paperwork relinquishing him from being Executor.
I am glad that I was only the surveyor because the Title Company and Family Lawyer could not see a way to satisfy the chain of title for this small parcel. Them and the Family Members were having a huge pissing contest among themselves and several family members were attempting to claim the property that contained the garage, storage building and old garden spot.
It was simply an area of land that was clearly never included in any transfer out of the original estate.
It consisted of three slivers of land being a piece of the subdivision, a corner the house was sitting on that was cut off by the road going thru the property and a small section covered in out buildings of one of the pastures that clearly was described to leave out.
Have asked with no response of an answer as to how it was resolved.
It can get fun, can't it..........
This one is simple, a corrective deed fixes the problem, the quit claim doesn't, just leaves you were you started.
The problem with a corrective deed is that the original owner needs to be involved. If he is available and willing that is the way to go. If not, a quit claim deed, although not necessary, may not be a bad idea. It makes clear to everybody, even people unable or unwilling to do any research, what is owned by who.
Are you in a recording state? A recorded survey showing and noting the exception is an even better way to make the situation clear.
The quit claim deed doesn't really mean much, the owner already has a warranty deed for the land. And the "problem" deed is still in the books. So when the property is resold it could still be sold incorrectly. They need to take my survey, file it with an affidavit explaining the missed exception and a corrective deed that includes the exception. Then it will be corrected, but the quit claim itself will change nothing.
> The quit claim deed doesn't really mean much, the owner already has a warranty deed for the land. And the "problem" deed is still in the books. So when the property is resold it could still be sold incorrectly. They need to take my survey, file it with an affidavit explaining the missed exception and a corrective deed that includes the exception. Then it will be corrected, but the quit claim itself will change nothing.
The quit claim wont change the ownership of the property, but it will make the title people happy. If you can get a corrective deed I would get it before the survey and reference it on the survey.
You can't sell what you don't own BUT you could warrant that you own it. So the current owner shouldn't sell by warranty deed without the exception unless he enforces his warranty against his grantor (or title insurance if in effect). I'd think they just include the exception the next sale referenced to the original document.
The best outcome I can foresee is title insurance actually paying a claim. It's the title folks fussing about this right?
