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In a property dispute with two deeds in question; which one should hold up in court?

Discuss anything to do with property law - buying, selling property

In a property dispute with two deeds in question; which one should hold up in court?

Postby honi » Sat May 19, 2012 5:46 pm

The original deed extends the property further. The 2nd deed is based on a proposed cemetary that never came to be. Shouldn't the 2nd deed revert back to the original since the proposal never occured? Ok this property dispute is actually based on fradulant information where my neighbors obtained a lot across a road from my back yard. Then went to court and took adverse possession of part of my back yard including a right of way. Basing it on the 2nd deed. The judge recently threw out her ruling after deciding that they hadn't taken the proper chanels for adverse possession. They have only owned the lot for 2 years. I have owned my property for 10! Also they never notified any one by mail.However now my lawyer wants to settle with the other party where i get my property back and half the right of way and the other party gets the other half of it! Based on that 2nd deed! MY QUESTION IS if i go to court will the original deed hold up and can i take adverse possesion of the rest of the property behind my house up to the road; which has no parcel number and therefore is mine. Based on the original deed. I think my lawyer is trying to play me!
honi
 
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In a property dispute with two deeds in question; which one should hold up in court?

Postby alburt » Sat May 19, 2012 5:49 pm

ask another lawyer
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In a property dispute with two deeds in question; which one should hold up in court?

Postby fitche » Sat May 19, 2012 5:52 pm

If you don't trust your lawyer's advice, get a new lawyer. We certainly cannot straighten out this mess of data, without even knowing what country you live in, and provide you with better legal advice than the lawyer who knows the exact sequence of events.

It is important to realize that right or wrong, legal fees have to be paid, and is it worth many thousands to prevent a right of way?
fitche
 
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In a property dispute with two deeds in question; which one should hold up in court?

Postby wahchintonka48 » Sat May 19, 2012 6:01 pm

I've been in land title for 15 years. I've insured adverse possession deeds.

Jesus and an army of psychics couldn't tell you who will win that case based on the little bit of fragmented and minimal information. No legal descriptions, no being clauses, no surveys, no county or state.

Even a lawyer could probably not tell you what a judge will see here.
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In a property dispute with two deeds in question; which one should hold up in court?

Postby demarco » Sat May 19, 2012 6:13 pm

to prevent nefarious activity like this one should always buy property that includes a legal survey of said property; also the property in questioin shoukld be able to pass a title search

ie an established history from original owner to the owner you purchased it from
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