Posted By John Giles on 7/1/2009 at 5:39 PM
Got a call today (my new client is coming by in a day or so) where 22 Acres that his father (recently passed) sold somebody 'on a handshake' is almost paid off so he wants me to survey the remaining land that is, by deed after outsales including the 22 Acres handshake sale, to contain 4 Acres.
He wants me to cut 4 Acres from the remaining property that does not have a survey on it. (It does have a survey but is probably 100 years old or more and there is a 99% chance, given past experience with surveying that there isn't 26 Acres left anyway.)
It should be interesting.
I told him that the person his father sold the 22 Acres to (since there is no description of the land or any record, ei deed, land contract, written agreement of any kind.) needed to be involved in this so he could point out what he was sold and I would survey what was left whatever the acreage turned out to be.
I explained my reason behind that is so I don't start some major land battle.
He wanted me to just cut out 4 Acres and not worry about such things.
I didn't like that idea very much.
What do you guys think? The only record, if any, of the transaction is the monthly payments made to my clients father.
(I haven't done any research so it is possible that there is some kind of contract in writing and if there is the 'handshake' purchaser hopefully has a copy.)
Property sold on a handshake
July 2, 2009