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Dwayne B.
Dwayne B., Attorney
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Experience:  Began practicing law in 1992
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11/30/2010 CLOSED ON OUR PROPERTY. WE HAVE CONSEQUENTLY FOUND

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11/30/2010 CLOSED ON OUR PROPERTY. WE HAVE CONSEQUENTLY FOUND OUT THAT 1 SIDE (SOUTH SIDE) OF OUR PROPERTY EXTENDS IN TO 2 OTHER PEOPLES' PROPERTY. THE EAST SIDE PROPERTY LINE WE WERE TOLD WOULD BE MOVED TO THE WEST AND THEREFORE THE WEST SIDE WOULD BE MOVED FURTHER WEST TO THE FENCE LINE TO A PASTURE. (WE HAVE ALSO FOUND OUT FROM THE ORIGINAL SURVEYOR THAT THE WEST SIDE ALREADY WENT TO THE FENCE LINE WHICH MEANS THEY JUST TOOK AWAY A PART OF THE EAST SIDE). THE NORTH SIDE OF THE PROPERTY HAD A SMALL WEDGE THAT WAS TO BE DEEDED TO THE NEIGHBOR ON THAT SIDE IN LIEU USE OF A ROAD THAT WAS TO BE ABANDONED TO BECOME OUR DRIVEWAY. ALL CHANGES WERE TO HAVE CORRECTIVE DEEDS ISSUED BUT NON WERE. THE NEIGHBOR HAS BEEN ON OUR BACKS OFF AND ON FOR 2 1/2 YEARS NOW OVER HIS WEDGE OF LAND THAT IS NOT IN HIS NAME YET. IT WAS SUPPOSE TO BE TAKEN CARE OF BEFORE WE CLOSED. I HAVE FELT WE SHOULD HAVE RECORDED THE ORIGINAL SURVEY WITH THE ORIGINAL CORRECT PROPERTY LINES AND THEN DEED TO THE NEIGHBOR THE WEDGE OF LAND. IS THIS SOMETHING THE TITLE COMPANY THE REALTOR CHOSE SHOULD HANDLE? AND BY THE WAY - THE LISTING REALTOR IS THE ONE WHO NEGOTIATED ALL THE PROPERTY LINE CHANGES AND I HAVE IT IN WRITING FROM HER THAT THERE WAS NO PROBLEM WITH THE NEIGHBOR BUT WE ARE TOLD BY HIM THAT THE PREVIOUS OWNER AND LISTING REALTOR BOTH THREATENED TO SUE HIM IF HE DID NOT GO ALONG WITH THEM ON ABANDONING THE ROAD AND ACCEPTING THE WEDGE OF LAND (VERY SMALL) IN RETURN. THE NEIGHBOR HAS NOW RETAINED A LAWYER. WHAT SHOULD WE DO?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Did the title policy make any exceptions for these?

Customer:

The title policy had many exclusions including property boundaries. I was told by a Title Examiner at another title company that the exclusions are standard but a title company would still be responsible for correcting the Warranty Deed.

JD 1992 :

I am assuming that the Warranty Deed shows the incorrect boundary lines?

Customer:

That is correct. The property had a new survey done and that survey description is the one recorded with the deed.

JD 1992 :

I can't tell you for sure that the title company would be responsible for redrafting the deed because it depends on exactly what their reservations and exceptions said. However, it is likely they would be responsible for it via some type of corrective deed.

JD 1992 :

You probably want to go ahead and hire a local lawyer to look everything over. You would want to look for one who does Civil Litigation or Civil Trial Law and if they happen to do real estate as well that is a bonus.

Customer:

Okay. That is a start I felt sure we were going to have to go but would never have thought about Civil Litigation. Because the neighbor has already retained an attorney would it be prudent at all to proceed to record the original survey with description as a " corrected" attachment to the Deed?

JD 1992 :

I wouldn't do anything with it until you talk to the lawyer. At this point it is a chess match and some lawyers would say record it and others would say not. There are arguments both ways and you want to to it the way that fits best with that lawyer's strategy.

Customer:

Okay. With reference to the realtor that initiated all this mess, should I leave that in an attorney's hands or proceed to file a complaint with the TX Real Estate Commision?

JD 1992 :

Leave it in the attorney's hands. The attorney can use the threat of filing the complaint as a bargaining chip but you can't use it that way or it could be viewed as extortion.

Customer:

Okay. Do you have any attorney to recommend in my area or is there a website you can recommend that may have attorneys in my area listed?

JD 1992 :

Go to www.lawyers.com. That website allows you to search by geographic location as well as area of practice.

Customer:

Thank you JD 1992. I appreciate your time and answers especially when you used the word "strategy' - that I understand.

JD 1992 :

You're very welcome. Most people don't understand how important strategy is in a lawsuit.

JD 1992 :

I'll exit now to assist others but best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

JD 1992 :

When it's over come back by and let me know what happened.

Customer:

I will do that. Good Day!

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27374
Experience: Began practicing law in 1992
Dwayne B. and 8 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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Dwayne B.
Dwayne B.
13289 Satisfied Customers
Began practicing law in 1992