Re: LAND NOT MINE - Posted by Alex@CO
Posted by Alex@CO on January 21, 2003 at 17:14:41:
Similar thing happened to my own residence. Well, not completely the same, because the warranty deed said one thing and the conty tax record said another.
Any, it happened when the first owner of the next door property put the fence up. There were two ground markers, one to indicate the property line and another to indicate the start of the land’s curve along the street. The latter was on my side of the property, about 7 and half feet into it.
When the next door owner put up the fence, they found one marker and thought there’re no other marker in the vicinity. Well, they made the mistake and the second generation owners, who found the problem, settled by the next-door side buying about 500 sq ft of land.
A few generations later, when we bought the property, the seller’s warranty deed didn’t mention this “portion of land” taken out from my original lot.
Later, we found that the tax record was OK.
Anyway, we contacted tour title insurance company, and they sent a survey crew at their expense, did a detailed survey of the land, satisfied that the deed was a mistake, and assured us that they would correct it (hasn’t happend yet).
The attorney for the title insurance company said that we wil lprobably not get any monetary conpensation for this, because we bought what we saw (the fence was already up a long time ago) and not what is on the lot description part of the deed.
So, call your title insurance company, first, if you do have one. They will take care of it.