While surveying some rural property we discover that there is a problem. A parcel had been cut off and deeded to a family member about 15 years ago. I did the survey for that conveyance, so I pulled my files from the job and found four versions of the shape of the outparcel. The fourth/last one prepared was to adjust the division line because they changed their minds about house location. Can anyone guess which version was not used in the conveyance? The third version was the only one to be recorded or referenced. This puts the line through one end of the house. The issue at hand is compounded by the fact that the outparcel was foreclosed on and now belongs to an out of town bank. To further complicate things, a real estate company is actively trying to sell the foreclosed house/property and showing it as if the line were 70' away from the house. Said realtors (the only ones with reason to) have pulled up and thrown away the line stakes we set. I explained possible prescriptive rights and advised my clients to consult a real estate attorney. Haven't had one that messy in a while, should be lots of fun.
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"
I would hate to work in a state where recording was not required.
The owners brought this on themselves by not recording the adjustment.
This is one of the reasons that I require old mylar versions returned to me before I send out a new one.?ÿ Doesn't work for all situations but this is my fear especially on jobs where people change their minds a few hundred times.?ÿ Good luck straightening that out.
I'm not going to say I run into something like this a lot, but a number of them have crossed my desk over the years.
The one thing you might have going for you is that it was a family conveyance.?ÿ If all the members of the family that were party to the first conveyance are still walking the earth you might have a chance at a fairly painless fix.?ÿ If any of the parties to the original conveyance are deceased or hostile to the correction it gets exponentially complicated quickly.
The first thing that comes to mind is a scrivener's correction.?ÿ Plainly stated the original description "was in error and here's the right one".?ÿ If all the parties on the original conveyance agree this can be a quick solution.
The second thing might be for the original grantee to quit claim everything back to the original grantor and THEN the grantor conveys to the grantee the correctly described property.
As with all land conveyances nothing is ever simple or without a hitch.?ÿ If mortgage companies are involved then something like this can get really sticky real quick.?ÿ An experienced attorney is probably a must for this mess.?ÿ Good luck.