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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
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Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I have come across a very interesting issue in Georgia, Fulton

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I have come across a very interesting issue in Georgia, Fulton County, with a piece of land i currently own, which i did not know at the time of closing but have only subsequently found out now. I recently purchased a plot of land. There are other owners who have purchased the other lots adjacent to mine. The county records shows the lot i purchased s is actually unilaterally owned by the other owners meaning that no owner owns a specific demarcated piece of land but rather all owners have ownership of a piece of land within the greater piece of land. The ramification of such is that no one owner can develop a piece land without the consent of the other owners as no one knows or owns any specific demarcated piece of land. However in the Deed book it notes just the opposite that each lot has a demarcated parcel id and boundary lines demarcating an exact lot each owner owns thereby no owner requires consent from any of the other owners. I was actually on the verge of developing my piece of land until I came against this phenomenon. At the time of the conveying the land and marking the exact lines the conveyor did not note any strange issue I would come against when dealing with the county. Can you guide me of how to deal with the discrepancy between the Deed and County records and whether i am actually required to obtain consent from the other owners as per the County records indicate. Do i have any recourse against the conveyor for not doing a thorough search before conveying the piece of land and informing me of the pending issue? And lastly should this have been the obligation of the closing attorney to confirm this issue.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

Hello. What an interesting question. I have a number of questions about your situation.

Did you have a lawyer review your purchase agreement prior to closing, or since? Did you obtain an owner's title insurance policy when you closed? What do you mean by "unilaterally owned by the other owners? Did you receive a Warranty Deed and can you scan and attach a copy of it to a Reply? If not, please post the exact legal description of the property as it appears in your deed.

Customer: replied 1 year ago.

No, I did not have any specific lawyer or attorney reviewing the closing documents then or now. I totally relied on the closing attorney to do a complete thorough analysis prior to. I should have, but yet to receive the insurance in the mail. I meant by unilaterally that all the owners own the land equally even though each owner had purchased the their lot with the specific parcel id. As this is an open forum and not protected by client - attorney privilege i prefer not to post or attached the legal description.

Expert:  Irwin Law replied 1 year ago.
It sounds like you bought a unit in a platted Horizontal Property Regime or a PUD, Planned Unit Development, rather than an individual tract of ground. If you did, then development is governed by CCRs, Covenants, Conditions and Restrictions which should have been provided to you prior to your purchase. They would also be public record. The only way for you to find out where you stand is to have a local real estate attorney review your deed, closing documents, and any other recorded documents that affect the property. It can't be done long distance, so this is as far as I can go with information for you.
I hope this Answer is helpful and that you will give it a positive rating. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Irwin Law replied 1 year ago.

You have rated my answer as "poor" and "incomplete". If you will tell me what additional information you need, I will be happy to try to provide it. However, no lawyer can evaluate a real estate title question without reviewing the documents. I asked you to send me a copy of your deed, but you refused. Therefore, your rating is unwarranted and unfair. If you can simply type the legal description itself from the deed, and also any clauses beginning with the words "subject to", I should be able to give you a more definite statement.

Customer: replied 1 year ago.

I can send you the deed/legal description to your direct email address.

Expert:  Irwin Law replied 1 year ago.
The Just Answer rules do not permit us to have direct contact with our customers. I will check to see if there is another way to do this through the JA website.
Expert:  Irwin Law replied 1 year ago.
You can e-mail it to:XXX@XXXXXX.XXX and they will forward it to me. Just say: forward to Irwin Law.

Expert:  Irwin Law replied 1 year ago.

You originally said: "The county records shows the lot i purchased s is actually unilaterally owned by the other owners meaning that no owner owns a specific demarcated piece of land but rather all owners have ownership of a piece of land within the greater piece of land." This is a very puzzling statement in light of your deed which I have now seen. The deed makes no mention of it being for anything less than 100% of the fee simple title being deeded to Raffles Properties VII, LLC. It also makes no reference to any recorded ownership restrictions such as would be imposed by a homeowners association, or a condo or co-op ownership situation. If any of those existed, then the your Grantor may have breached the warranties of that deed and could be liable for damages. I don’t know what the County records could have shown that would run contrary to the plain language of your deed. EITHER THE COUNTY RECORDS ARE WRONG, OR YOUR DEED IS INCORRECT. Neuse Incorporated, has the legal obligation to defend your title. I recommend that you start with the Abram Law Group, LLC whose name appears on the deed. Their files might have an explanation of whatever the county records show which you say have put a cloud on your title. I cannot tell you any more than that without actually seeing the documents in the County records themselves. I am frankly perplexed as to what could establish the kind of joint ownership of the parcels that you took title to. In summary, the deed that you received does not reflect any ownership of the land in question other than that of Raffles. If Abrams attorney’s can’t explain what the situation is, then the county attorney should be able to. I hope this Answer is helpful and that you will now give it a positive rating. If you have any follow up questions please send back a Reply; however, I will be away from my computer until next Wednesday, and I can only send brief replies using my Droid. Thank you for using Pearl.com- Just Answer. We appreciate your business.

Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4962
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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