Same plot deeded to two people.

**neilpuck** · 08-28-2007, 07:13 AM

I'll keep it brief. When I purchased my house in 2004, I was told and understood that there was no land included outside of the footprint of the building. However, in reviewing the tax records recently, and reviewing my deed, it seems as if that's not the case. There is 500 square feet still included according to my deed. (in the city, not a small amount of property). I do have title insurance and clear title.

I had been told that in a prior transaction concerning my property, that 500 sqfeet was transferred to my neighbor.

After verifying my title and deed, I went back to the tax records, and searched for the address of my neighbor. Sure enough, the same 500 square feet appears to have been deeded to them in 1989 according to those records. Does one supercede the other? If I'm holding title to that land, then who owns it? What recourse do I have. Is the title company on the hook for the value of that land? How would the value be determined? I'm not looking to make enemies, and if in fact their claim supercedes mine, I can live with that.

I'm expecting to hire a lawyer for this, but wanted to get some backfround (free

) advice before I went in.

**InRealEstateSolutions.com** · 08-29-2007, 10:40 AM

If the 500 sq ft was deeded to someone else before it was deeded to you, then it's their land, not yours. The only way it could be yours is if your neighbor deeded it to you, or to the person that tried to deed it to you at some point.

The person that deeded it to you didn't own it and therefore couldn't deed it to you, and therefore you don't own it either.

I think I need to draw myself a map!

Talk to your title company, they should have picked that up when you bought the place! Was there a survey done?

Good luck!

**neilpuck** · 08-29-2007, 05:07 PM

Originally Posted by InRealEstateSolutions.com

If the 500 sq ft was deeded to someone else before it was deeded to you, then it's their land, not yours. The only way it could be yours is if your neighbor deeded it to you, or to the person that tried to deed it to you at some point.

The person that deeded it to you didn't own it and therefore couldn't deed it to you, and therefore you don't own it either.

I think I need to draw myself a map!

Talk to your title company, they should have picked that up when you bought the place! Was there a survey done?

Good luck!

I was pretty sure that would be the case. And it's really no big deal. You can't lose what you never had right? The Title company messed up. The survery attached to the deed and title includes the disputed area. So i guess just a clerical error. Interestingly enough, my property has changed hands a bunch of times, and no one had picked it up. So we will fix the issue with the BRT, and probably get a refund of tax (so small it's not worth it). We can go after the title company, but we'll see. Thanks

**aprazma** · 10-06-2007, 01:14 AM

Originally Posted by neilpuck

I was pretty sure that would be the case. And it's really no big deal. You can't lose what you never had right? The Title company messed up. The survery attached to the deed and title includes the disputed area. So i guess just a clerical error. Interestingly enough, my property has changed hands a bunch of times, and no one had picked it up. So we will fix the issue with the BRT, and probably get a refund of tax (so small it's not worth it). We can go after the title company, but we'll see. Thanks

You should have a real estate attorney review the title policy you purchased. The policy describes in detail the legal description of subject property and the covered risks. One of those risks could be that someone else owns an interest in your title or land. The title company would be responsible to pay your damages, including legal fees, if the legal description they insured is not what you are entitled to.