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jdemaris
02-21-2006 05:59:07
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Re: Land ownership question in reply to Buckeye, 02-20-2006 20:45:21
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Anybody can make, alter or add to a deed - but they then have to decide who is going to defend it when questioned or challenged. I've had to change a few, and they were changed from warranty deeds to quit-claim deeds when altered. What did your neighbor and surveyor do, i.e. what type of deed was written? If it's a warranty deed, then someone or somebody has gone on record insuring it to be true title. If it's a quit-claim, it only means "whatever interest there may be" is transferred. I can legally sell you, by quit-claim deed the entire United States - because, in doing so, I am only transferring whatever rights I have - which might not exist at all. Now, with surveyors and survey lines - they don't necessarily mean much. A survey is simply an expert opinion - and that's all. In my area, there are many properties with multiple border lines in areas where two or more surveyors do NOT agree. Ulitmately, if the question goes to court - it gets settled by judicial decree or sometimes, mutual agreement and/or compromise by property owners. With the land in question, what was the use over years? If, lets say, the neighbor used the land openly, and kept others out, and he was told to cease - and did NOT cease - and nothing was done about it - he then has an "adverse possession" or an "adverse easement" in most states. I've got a similar situation on one of my properties. Over the past 15 years, people have created a road through the center of it, and now treat it as if it's a public road. I send out a letter every five years to all adjacent owners informing them that I am allowing it, i.e., I give them permission - but may retract it at any time. By doing this, they can never claim an adverse use. Someday, I'll have to gate it - but since it's 400 miles away, it's not practical since I can't keep an eye on it. There is also an "easement by proscription", and that is the way many public entities gets easements for public use and roads. Simply put, in most states, once an area is used by the public for 10 years, and any maintenance is done, an easement is automatically created. Here in New York, if a use is granted for a certain party or function, like for a school house, and it's an easement, not ownership, whoever owned it originally never lost ownership. If the property was actually transferred to the users/managers of the school house, then, once the use ends, the property is supposed to be offered for sale - first to the previous owners.
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