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Did the title policy make any exceptions for these?
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.
I am assuming that the Warranty Deed shows the incorrect boundary lines?
That is correct. The property had a new survey done and that survey description is the one recorded with the deed.
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.
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.
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?
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.
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?
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.
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?
Go to www.lawyers.com. That website allows you to search by geographic location as well as area of practice.
Thank you JD 1992. I appreciate your time and answers especially when you used the word "strategy' - that I understand.
You're very welcome. Most people don't understand how important strategy is in a lawsuit.
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.
When it's over come back by and let me know what happened.
I will do that. Good Day!