Wednesday, November 24, 2010

If my deed to my land says i own a piece of land, and the neighbors deed says they own it, then who owns it?

My deed was dated for 2005.

Neighbors 2003-but had acquired it from bank.

Neighbors says it was surveyed but the surveyor was wrong. Driving Me CRAZY putting strings up in my yard walking around with a tape measure. wtf!


You may start by going to your local county recorder's office to check and see which deed is valid.

Normally the one that is recorded first is the valid one.

You might be talking about two different properties. Check he APN number, and the lot number.

You might have to settle this matter through a court action or meditation if it is agreeable to those claiming ownership.

I hope this has been of some use to you, good luck.

"FIGHT ON"

I take if from your question that the deeds conflict. In nearly all states the deed recorded first has priority. The date of signing is not important, it is the date on which it was recorded. But that may not be the end of the story.

If the deed descriptions overlap then that should have been noticed when you bought your property. If you closed the transaction in the usual way, then you bought title insurance, and the title insurance company should have noticed the overlapping descriptions in the deeds. The title insurance company may have to straighten this out for you.

Also, depending on your state's law, if the two parcels were surveyed and the corners marked; then those marked corners may take priority over what is described in the deeds, even if the surveyor was wrong. It depends on the circumstances. At any rate, I would not take my neighbors word for it when he says the prior survey is wrong. If he has a recent survey, ask him for a copy of the new plat map drawn by his surveyor. If he doesn't have one, then he is probably blowing smoke. Untrained people cannot look at a lot and an old survey plat map for themselves and accurately determine whether or not the survey is wrong.

Also, if there has been a fence between the parcels for a long time that can affect the legal boundary. Even if both you and your neighbor bought recently.

Bottom line, you need to see an experienced real estate lawyer to sort this out for you. The laws of each state are a little different.

All surveyors plot out their measurements on maps. If the properties have both been surveyed, you and your neighbor should have two maps to compare. If the same parcel appears on both maps, you and your neighbor should get together with a third surveyor who uses GPS readings to get the land resurveyed and agree to abide by that survey. For a nominal fee, an attorney can draw up the agreement which would then be added to both deeds so that there will br no further grounds for contention. In the past, some surveys were based on landmarks which may have moved or disappeared. Or you can go to court or arbitration and let a third party decide.

My inlaws had this problem. When they bought their home, there was no home next door, just a lot. Eventually, someone decided to build a house on this lot. They started building and it became clear they were getting closer and closer to the driveway of my inlaws. They had wrong info. about the size of their yard and had to build their home with the front facing sideways. I kid you not. To this day, they are still annoyed, but they compensated in the front so really they have 2 fronts and it is not that bad. My inlaws own the property and it was clearly written in their deed.

What you have to do is go down to your city or town hall and tell them what is happening. They have to have the coordinates of your property written down. If your neighbors do not have the same info. or if they disagree, then it will probably need to be surveyed again.

If I were you, I would get this taken care of now, because this could become a problem if you ever want to sell your property.

If you decide to get it re-surveyed, I would see about getting someone who is neutral to do this, so there is no question on anyone's end.

Go to your town hall and find out who to talk to. Depending on how it is handled in your town, the tax assessor or zoning officials should be able to help you, or whoever is in charge. Sometimes, they are not there everyday or they work certain hours and maybe an evening. Call first and see.

Good luck!

It could depend on what deed was first registered. In Kansas it is Race to the Courthouse. Who ever gets there first, wins. PERIOD.

The first thing you need to do is contact a lawyer to determine what exactly the statutes in your state say regarding this situation. He can also draw up a cease and desist order to warn them to stop for now.

If indeed the surveyor got it wrong, they can be liable for damages. Maybe your neighbors are wrong. Get another surveyor out to check the previous measurements. The cease and desist order can buy you time to resolve the situation.

Good Luck

If it's a great concern, have it surveyed again. I'm sure it's been surveyed more than once, but it's the only way to get a clear property line if you go to sell your house, or your neighbor sells his.

It's always something, isn't it? Good luck.

If you really want this settled, you may need to come to an agreement with your neighbor. Perhaps mediation would help the two of you come to an agreement. An exchange of cash at times can also help.

You need to hire a land surveyer to come out and tell you what you own and what you don't

go to the bank and see whos onw it for shore

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