Quiet Title??
Posted: Wed May 19, 2021 3:29 pm
My friend is looking for a survey of his 1.3 Acre property so I pulled his deed and had him get a prelim.
He bought his property in 1973 and is going to move, wanted some visual aids for his real estate agent to show the property lines.
Parcel One is a long metes and bounds, portions of three (10ish acre) lots on a map from 1923.
It closes perfectly, then.......
Excepting therefrom a 40' strip of land for road purposes, beginning at the (unspecified point on) southerly line of Doc XYZ (parcel to north) to the northerly line of the portion of Lot 42 not already conveyed, to be located above the creek bank, to the satisfaction
of both parties as excepted in the deed,Book and Page, jj to xx in 1926.
Had the title company pull the 1926 deed and xyz deed and the underlying docs to them. The exception in the
1926 deed is identical to the current, no help. I asked them to look for anything that would give a description of
the exception that could be located on the ground.
There isn't now and there has not been any physical road.
Title Company came back with a couple more docs then quit and said it was not interested in insuring title until it
is surveyed and someone writes a new legal. They will not help with any more docs.
City and County Roads departments have no record of a road. None of the neighbors deeds mention the strip.
Would you have him try a Quiet Title action? We have no defendant and no described piece of property we are quieting title to.
County Surveyor's office is helping to go through unrecorded maps from the time which may help but I'm not hopeful.
Jay
He bought his property in 1973 and is going to move, wanted some visual aids for his real estate agent to show the property lines.
Parcel One is a long metes and bounds, portions of three (10ish acre) lots on a map from 1923.
It closes perfectly, then.......
Excepting therefrom a 40' strip of land for road purposes, beginning at the (unspecified point on) southerly line of Doc XYZ (parcel to north) to the northerly line of the portion of Lot 42 not already conveyed, to be located above the creek bank, to the satisfaction
of both parties as excepted in the deed,Book and Page, jj to xx in 1926.
Had the title company pull the 1926 deed and xyz deed and the underlying docs to them. The exception in the
1926 deed is identical to the current, no help. I asked them to look for anything that would give a description of
the exception that could be located on the ground.
There isn't now and there has not been any physical road.
Title Company came back with a couple more docs then quit and said it was not interested in insuring title until it
is surveyed and someone writes a new legal. They will not help with any more docs.
City and County Roads departments have no record of a road. None of the neighbors deeds mention the strip.
Would you have him try a Quiet Title action? We have no defendant and no described piece of property we are quieting title to.
County Surveyor's office is helping to go through unrecorded maps from the time which may help but I'm not hopeful.
Jay