Monument over a Quiet Title
Posted by jerrocop
1960 Bill purchase subject property, he is not the first owner of this parcel and its current configuration. The Warranty Deed is written bearing & distance on all sides, no calls to an existing fence along his south line or the creek on the west. Bill occupies and uses the land up to the fence and to the creek, which he assumes is his.
1997 Bill hires a local firm to survey his property. The local firm maps the fences, structures, and creek. The map also shows the deed to be 30 feet north of the fence on the south of his property and it does not follow the creek on the west. (again, the current deed does not call to either one of these). There is also an overlap in deeds on the west, which the surveyor monuments at all corners of the overlap. His home is divided by the deed line and thus a portion of the home is on land he doesnt own (according to the survey).
2001 Bill has a court sign off on a quiet title for the property between his deed line and the fence to the south and to a point which is purported to have been on the creek which has since dried up and been filled in with earth, and the overlap. Bill follows all state requirements for a quiet title, including notifying the adjacent property owners! He gains .5 acres with the quiet title.
2009 Jerrocop is hired to conduct a survey on the property to the west of Bill's property. In the process of the survey it is confirmed that the current deeds do not fit with the fences and creek and that there is an overlap. Further research into previous conveyances and the original deeds, that separated these parcels, discovert that thier were calls along the fence and along the creek. Also, the west property was conveyed earlier than bills property. A map is produced to show the occupation evidence, current deed lines, and as-surveyed lines which follow the original calls to and along the fence and creek, and the overlap favors the west parcel.
Here's the question, what do you do with the quiet title?
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