adverse possesion.

My grandfather bought 40 acres in the 1930's. He purchased from a friend. The deed was wrong it said grandpa purchased 51 acres. The seller said no problem as he knew my grand father wouldnt steal land. In the past couple years somethings have happened. The other property sold and I inherited the 40 acres. When I got the Tax Bill I was being charged for 51 acres. I approached the new owner and asked him to split a survey to deed back 11 acres. He is in possession of he said no. He suggested I could leave as is. sue (he has title insurance) and let me have the 11 acres and the insurance company would pay him back. I then suggested he sell me the 11 acre and he said NO either shut up or sue. What bugs me is grandfather and dad paid taxes on the 11 acres for 80 years. What would you do? I dont want to go back on Grandfathers word yet I dont intend to pay neighbors tax bill

"What would you do?"

Talk to a lawyer who specializes in real estate in your locality.

A survey is modest in cost. Your deed is in error, and if so, it should be rectified with a survey. Adjustments in taxes might be possible with the county assessor/auditors help. Make sure the new "neighbor's" redefined property boundary is made clear to the assessor/auditor. Jim

ytmag.com is always my first choice for legal and medical advice.
Do yourself a favor and hire a good real estate lawyer, not the cheapest but the best.

I would agree you need to consult a lawyer, however......

Being the kind of “a” hole I am I would string a fence across the 11a and send him a registered letter telling him to keep his _____'n rear end off my land. Let him sue you, what do you care, your just trying to get the deed straight anyway. After he spend the cash for an attorney and such, just settle. How far you drag it out is up to you.

One of the things I have learned in life is there is no reason to be a pr1ck. Unless that is, I am dealing with one……

Errin, that's pretty good thinking. Like your style.

--->Paul

I would start with a survey, unfortunately agreements die with those who agreed.

Further, when survey completed and documents altered,just for devilment you can request a refund for incorrect assessment and they can collect it from the owner of those 11 acres which presumably is the other fellow.
But you have to get the titles settled. first and foremost..

As suggested, talk to an attorney and find out just what actions you can take. You might be able to file a quiet claim title to the land as your family has paid taxes on it for 80 years and his family has not but, you'll need to do it legally- thus the attorney. Depending what the local laws are for your area you may already be considered the owner of the land.

First of all, in addition to the deeds legal description and/or surveys, whats very relevant is how the adjoining landowners have acted and treated as the "boundary" and have made use of the land in question over the past years and to what extent use of land not legally ones own has been (at common law) Hostile, Open, Continuous, Exclusive, Adverse and Notorious to the true owners. Regardless if Grandpa was deeded 40 or 51 acres, what he or his successors may now be legally entitled to in an action for adverse posession, is a question ONLY a Court could decide NO ONE HERE and the Court likely wouldnt check here first.

The legal doctrine of adverse posession can over time cause a "boundary" to change (judicially) regardles of and even in contradiction of where a deed or survey says it may be located. A "survey" is a competent expert professional "opinion" while it takes a court to make any final determination of a legal boundary in actions to quiet title.


Take all your "tax' arguments and evidence to the local assessor and treasurer to make your case, but in my years of experience they can be difficult to deal with, its their house and their territory and "ball game" and they resent the common peasants challenging their authority.

I think if I were the dude who bought the adjoining land and someone came to me asking for a deed or survey etc I wouldnt just jump up and surrender or be willing to give up anything. Also I wouldnt bet the farm the title insurance company is going to pay out anything. While many "realtors" believe that or the buyers/sellers are given that impression when they purchase a policy, as an attorney I can tell you theres all sorts of exceptions and exclusions most persons arent aware of UNTIL they try to collect!!!! The realtors call the buyers and say yayyyyyyyyyyyyy the tile work and insurance is done so we can close, not having read nor having any idea whatsoever just what it is and most important WHATS EXCLUDED. Title Insurance Companies collect premiums but seldom do they pay out damages, if anything is too risky its likely excluded from coverage.....

Heres my best free (and worth the same NOTHING) advice CONSULT A LOCAL TRAINED COMPETENT PROFESSIONAL instead of advice here, as your states laws would have to be thoroughlly researched and all the relevant facts be determined before any worthwhile professional opinion could be rendered. Id say the same if you were here seeking medical or plumbing or electrical advice CONSULT A LOCAL PROFESSIONAL

John T Country Lawyer

(reply to post at 16:54:38 05/03/12)

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thought that if you took care of the place for xxx time (and in your place, paid the taxes) that the land forfieted to you. Surely the 11 acres is worth more than the taxes you pay??? I could be completely missing the picture tho....

I concur with John T.

Title insurance isn't going to do anything for him- you could safely bet the 11 acres that he got a "standard" policy, which doesn't insure boundaries. The only ones who ever get enhanced policies that insure boundaries are banks when they finance the property- because such policies cost more, and sellers never spring for the extra money.

Key here is, who has been using the 11 acres all these years? If he has, its his. Is there a fence between the parcels that has been mutually regarded as the boundary? If so, its the boundary now.

Gramps should have cleared this up about 70 years ago. After all this time, "it is what it is", in all likelihood- but you should see a good real estate lawyer first.

You'll probably have to go through a Boundary line adjustment to get the 11 off your tax bill and onto his.