Immediately after the War Between the States several families of former slaves obtained (bought, were given, I don't know) property just outside Atlanta. This was not prime agricultural land, just poor hillside. Being former slaves they were, undoubtedly, illiterate or nearly so and can't read or don't understand the deed descriptions. Fast forward 100 years. Atlanta has grown tremendously and once cheap land has now become valuable. Where the families of these former slaves now live has become a really upscale area. Commercial development has gone crazy in the area and offers for their property are just too good to refuse.
Now comes the problem. A survey is called for and the surveyor pulls the appropriate deeds and goes to the field to locate whatever he can find for monumentation or signs of occupation. OOOOOPS!!! The deed calls far a piece of property in another Land Lot (somewhat equivalent to a Section). He pulls the deed on that property and it calls for the property his client's family has occupied for 100 years. This property is not nearly as valuable (due to location). This is going to get REALLY involved quickly and the clients are NOT wealthy people who can afford a surveying bill as large as this will develop into. As research continues (pulling adjoining deeds) it is discovered that there are several properties with the same problem.
What would YOU do. I know some pretty good surveyors who just plain refused to work in the area. Luckily I never had a request and I don't really know what I would have done if I had.
Andy
We have a similar area here in my county.
After the civil war, folks of color were given land in accordance to their service in an area called Peyton Colony. Probably an area of 20 square miles.
Back in the day, these folks would give, sell, swap, etc., this land and never file proper paperwork at the courthouse.
Now in modern times, this area is quite desirable and valuable for its rugged beauty and rural nature.
But, it is impossible to figure out a chain of title in this area.
They treated the land like it was their own little nation and did not follow protocol when it came to responsible land transactions.
Now fast forward to modern times, the heirs are more than willing to part with their land for huge money, but no one is willing to survey or do title work for any land transactions.
Most here are low on any funds, so it is just an area in limbo.
Randy
Maybe I misunderstood. Are they occuping property in a location somewhat distant from where the records would indicate they should be? If so, who has the title, but no occupation, of where they are occupying? Also, who is occupying the area indicated in their deeds?
It sounds like this may not even be a surveying problem, yet.
As bad as I hate to say it, they need to get a lawyer involved.
I was told by an older gentleman here that there were a lot of "pocket deeds" in those areas, where they were made but never recorded at the courthouse because of mistrust of the system, they just put them in their pockets. Need lots of eye witness evidence to make sense of it now, and that's getting hard to find.
Haunted Texas, Peyton Colony...
Randy,
Is this the area @ RR 165 & 2325 in your neck of the woods?
Austin's PBS channel had a pilot for their program "Haunted Texas" back in 2010 which covered Peyton Colony. It was an interesting show. It's been on twice, I recorded it on the DVR the second time around. The showed the GLO map for the county and detailed how the patent owner brought the freed slaves up from around Bastrop and gave them the land to live on and build church and school house.
They interviewed the Arnosky family which owns several tracts in the area and spoke about ghost sightings on their place.
I probably wouldn't be digging too deep in the area.
The Exodusters, as they were called, found their way to Nicodemus, Kansas in the northwest part of the State. The fellow who is the newly-elected President of the Kansas Association of School Boards grew up there and descended from two of the original families. One family lost their land during the Depression. The other is still farming on the original ground claimed a short time after the Civil War.
One has to wonder if someone intentionally mislead these families in your area.
Petition to quite title?
Haunted Texas, Peyton Colony...
Bryan,
I land that this "haunted house" sits was severed from the colony about 25 years ago.
I actually did some topo surveying for the current owner.
The owner showed us this old school house and said that the locals swear its haunted.
This was a long time before the show came out, but I knew exactly what they were talking about. I think they must be making some mean moonshine up in those hills.
Was kinda creeping me out.
Randy
The people that want to buy have deep pockets. Usually, for us, it is the developer or buyer paying for an ALTA or whatever.