Posted by JPiper on January 28, 2000 at 24:15:37:
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Title Problem… Legal descriptions conflict??? - Posted by David Alexander
Posted by David Alexander on January 26, 2000 at 22:34:50:
Have a note I’m in the process of selling and Bam, the abstract company says there is going to be a problem.
Apparently the legal description on the house I sold says something to effect of “and all of lot 28”
Problem is that the house next door says “And the south three feet of lot 28”
Dont know where to start on straightening this out.
The house was sold to me on contract for Deed, and then was sold on wraparound contract for deed. The man we bought the house from had it quit claimed to them when his mother past away.
Anyway bottom line “No Title Insurance”
I’m selling the note and have to clear title.
the note is in Oklahoma one of the only states left where you still do a full abstract (ughh), back to when the original Indians owned the land.
Thoughts,
David Alexander
Re: Title Problem… Legal descriptions conflict??? - Posted by Bud Branstetter
Posted by Bud Branstetter on January 27, 2000 at 14:22:33:
Now you know why it is so important to faithfully put down the exact legal description on the deed as it was before. Somebody in the past did not! You can “buy” the 3’ or you can except the 3’. Then you could abstract both deeds to see if your property or the adjoining property put down the wrong description.
Re: Title Problem… Legal descriptions conflict??? - Posted by Rob FL
Posted by Rob FL on January 27, 2000 at 07:51:01:
You need to determine that the neighbors actually have good title to the “south 3 feet of lot 28.” If they do, all you need to do is “less and except” those 3 feet out of your legal description. You need a corrected legal description on your mortgage. Since you will be losing land from your description this should be very easy to correct. You never owned the 3 feet anyway.
Re: Title Problem… Legal descriptions conflict??? - Posted by JoeB(Atlanta)
Posted by JoeB(Atlanta) on January 27, 2000 at 07:50:33:
David, I would go to the ‘house next door’ and see if they’ll sell you (maybe $500-ish) their ‘south 3 feet of lot 28’. Then have your attorney/title company draw up the appropriate language on Quit Claim. We’ve done this before to overcome encroachment/easement problems.
Hope this helps,
Joe Brillante
Re: Title Problem… Legal descriptions conflict??? - Posted by Rick Vesole
Posted by Rick Vesole on January 27, 2000 at 23:22:09:
Bud, you might be right on how this occurred. But, you wouldn’t know for sure without a review of all pertinent documents in the chain of title.
The point I want to make here is that a person should not merely assume that the deed where the prior owner took title will guarantee a proper legal description to the next owner. It is equally possible that the prior owner did acquire the whole lot, but then subsequently conveyed the 3 feet to the neighbor. This is why a title search should be done every time a property changes hands. The lesson here is do not assume anything about legal title.
Re: Title Problem… Legal descriptions conflict??? - Posted by David Alexander
Posted by David Alexander on January 27, 2000 at 14:34:34:
Abstracting both, I dont want to use as an option. Costing me close to $1500 for the one… Yikes.
I’ll either buy or give them away.
David Alexander