Posted by John Merchant on September 06, 2002 at 17:57:59:
You say they bought the RE in '76…what did they get then? Have you been all through their records? Could they have got deed for the whole thing then and just failed to record?
If you could locate a deed it would be far easier than anything else you might do; if not, it might be necessary to file a suit to quiet the title and try to prove up your rights…and that might prove difficult to do.
It’d be my recommendation to discuss this with a local, RE knowledgeabe attorney. His/her cost would be small compared to your other possible avenues.
obtaining a deed for unrecorded property - Posted by clunog
Posted by clunog on September 06, 2002 at 14:43:47:
Here is my problem. My grandfather has just passed away, so we went to the deeds office to have his name removed from the deed and have my grandmother’s and father’s name put on it. They pulled up the deed and said that they have the 1.5 acre parcel as two separate 3/4 acre parcels. They way the house and garage are layed out on the property half of the garage is on one piece and the house is on the other. Problem being the one that is recorded is the piece without the house on it. My grandparents purchased the land with the house on it in 1976 and have lived there every since. Is there any way to get this deed to the property? The lady at the abstract office said that it would have to go through probate court as part of an estate. The previous owners are deceased and have been for many years. How do you go about doing this?
All info will be greatly appreciated
Re: obtaining a deed for unrecorded property - Posted by Nate(DC)
Posted by Nate(DC) on September 10, 2002 at 15:53:28:
If you can figure out which attorney or title company conducted the closing when they bought the property in 1976 (you might be able to figure this out from looking at the deed - at the bottom where it says “return after recording”, or if not there, in their other papers), and they are still in business, I would start there. That company may know what happened - i.e. if they were buying two lots, why a deed to one was never recorded…