Lawyers are about to drive me nuts.
One of our illustrious surveying all stars lays out a subdivision in 1990. The area of contention is three lots east to west and the back line (south) is about 800 feet long.
Not long after the developer sold the lots, it was discovered that the surveyor went to far south with the lot lines, so the developer buys a strip 800 feet long, 30 feet wide on one end, 60 feet wide on the other end. He then quit-claims to each of the 3 lot owners to clean up the title. Everyone is happy. Everything is fine.
Almost.
It seems the property assessor never fixed the tax map, and for the past 23 years it shows the developer still owning the strip. He has paid taxes all this time.
Now, a drug and alcohol rehab outfit has bought the tract to the south, which we surveyed. They are also trying to buy the center of the three lots. The developer still lives in another part of the subdivision. Y'all see where this is going?
The tax assessor refuses to accept my survey and my surveyors report showing that no strip exists. The developer for years has claimed that he doesn't own the strip, but now has apparently changed his mind.
It looks like a law suit is going to have to be filed in order to clean this up. That's a real shame. This would be about as stupid of a real estate law suit as you could imagine.
That The Tax Assessor Never Fixed The Tax Map Is An Error
If he assists the alledged owner in the sale of that parcel, he is guilty of a fraud.
It is easier to fix an error than to face the judge. Remind him of that.
Paul in PA
Atleast the taxes were getting paid. I stumbled on a parcel that was erroneously created when a surveyor in the 1960's put the remainder of a Goverment Lot he subdivided on the wrong side. Because the taxes weren't getting paid, the local governemt took it back, issued a clerk's deed on it and sold it at auction. Five acre lake side lot mind you. The folks that bought it at auction then proceeded to use it as collateral on a 200k mortgage. The borough wasn't too thrilled when I asked them to correct their tax maps because the lot they'd sold, was a result of a surveyor's mistake and didn't exist.
Just because I'm paranoid, doesn't mean they aren't out to get me.
Are the quit-claims not on record? Shouldn't they be?
How can he claim ownership after that?
Perhaps he needs to be shown the copies of quit-claims and a reminder exactly what that means.
Actually, now that I say that.... shouldn't he have done a title transfer to those affected owners back in the day that "made everyone happy"?
I'll guess there is more to this story.
E
I could be wrong but I don't think taxing authorities in Texas try to get into issues of ownership. From the posts here it looks as if folks in other states give the taxing people more power than they deserve.
The taxing folks around here from time to time will ask me an opinion on an issue of where land is or if it exists, but will not go against what a surveyor would say in that regard.
Around here the KNOW their stuff is *half-arsed* and will admit it.
John Harmon
With no paper trail of alleged Quit Clam the Assessor had no reason to change his maps nor do they have any authority to transfer ownership. sound like the one involved here knows his limits. The developer lives close and holds the last deed document of record to the strip, has payed the taxes as if he owned the strip and after implying to those who bought his 3 lots involved may have some legal liability. Enforceable contracts are not always in writing.
jud
I could be wrong but I don't think taxing authorities in Texas try to get into issues of ownership. From the posts here it looks as if folks in other states give the taxing people more power than they deserve.
I've scratched my head over it also. In other parts of the country they seem to be important. Who cares what the tax assessor has to say about it? No one would here. There is a deed from the developer, so what if the assessor doesn't change his lame map. I haven't seen any info on a tax assessor's map that is correct unless there is a recent survey of the property, otherwise it's all wrong and they know it.
That The Tax Assessor Never Fixed The Tax Map Is An Error
The mapping dept. of the Assessor's office or whatever it is called where you are should have been on the circuit each new document takes before being officially filed in the Recorder's/Register of Deeds/Clerk's Office. That's how it works here, anyway. That way every department needing to know about the new document being filed has the knowledge that this is happening. Then each department does whatever it is they need to do based on the document.
If the mapping dept. did not correct the map, that is their fault, not that of the parties to the document. The defecatory material needs to hit the propulsion device and splatter all over the wrongdoers.
A trial lawyer once said to me: "If people were rational I'd be out of business."