I am the person you were helping with the 60B. I am meeting my neighbors on Monday to try to work out settlement. It is their land that was revealed to be triangular rather than rectangular as a result of the survey done in our boundary dispute that properly showed the limits of the historic parcel from which they were derived. So, they have this rather large gap between their historically derived land and the southern abutter when compared with their deeded measurements. So, I guess the Court couldn't find them owning this "gap" and at the same time rule about their eastern boundary using swing-ties from the historic parcel's NE and SW corners as it did to determine the its eastern boundary. The Court said it was adjudicating only the eastern boundary but everyone feels there is now collateral estoppel on their other boundaries by virture of how the eastern boundary was found. There is no title proof that they actually abut the property to the south since there are no reciprocal calls of abutters in either of these properties' chains. The only thing for sure is that the only definite owner is the heir of someone who died in 1853. Since I am also an abutter to this "gap" parcel, I thought one of the things I could offer them was to help them in a separate quiet title action. Can they "quiet title" if the court just ruled that their property acftually didn't go as far south as they originally thought?
The party with the problem are the defendants and they initiated no action. In fact, it is their surveyor (the one who used to be mine and then I found my land was not even locus) who opined that their land did extend further south and the Court ruled it did not. So, is there any way that they can resolve this in some answer to my 60B motion based on the surveyor's failure to disclose the release deed and given his testimony and plan for them? Or do they indeed need to file a separate action since the potential "true" owners have not been notified?
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