I recently purchased a piece...
I recently purchased a piece of property in which I thought I was buying 19.25 acres (plus or minus). When the land is plotted out it overlaps a 0.86 acre parcel in the corner of my said legal description on my deed which I have traced back to 1874. Said 0.86 acre parcel has a deed that is dated back to 1913 but has no other deed referenced after that.
Said 0.86 acres parcel was previously described in the deeds which conveyed between 1913 to 2005 with a mepes and bounds survey
which was very vague and did not give any northing or easting on the lot descriptions (i.e. 200ft on centerline of road, 197ft to a stone, etc.). It does however state a stone on a division line between my said property and the neibors, therfore it must be in the same area. However a survey was done in 2005 and the legal description was altered to be very descriptive (pinpointing nails in the road, giving exact northings and eastings, etc.).
My mepes and bounds survey is very descriptive with the stone markers in the corners (of which 2 or 3 of the 5 corners have been located...one of which is the starting point).
Obviously, the two deeds overlap. It may be possible that this 1 ac. parcel was subdivided off of the 19.25 ac tract prior to 1913, however, the 19.25 acres tract I thought I bought does not state any such changes in the legal description and mepes and bounds survey to account for any subdivision. I did purchase title insurance for myself on the 19.25 acres.
There is a vacant, recently foreclosed house on the 1 acre parcel which would really be on my land per my legal description.
In regards XXXXX XXXXX possession...there was an old shack occupied right along the road on the 1ac lot for many years. This property was sold in 05 to a person who demolished the shack, cleared the woods above (no prior fences), and built a new house, and then sold it to person now foreclosed upon. From my understanding they would have no adverse possession of property where the house was built (20 yrs. in MD). House now sits vacant.
So my ultimate question are what are my legal rights?
Scenario 1: If my deed dates back prior to deed for 1 ac lot and origion of 1 ac lot can not be traced back further than 1913?
Scenario 2: There was a deed that subdivided the 1 ac from the 19.25 acres but the legal description of the 19.25 acres tract never reflected said subdivision therafter.
Further, previous owner of 19.25 acre tract bought it from the county at a tax sale and went through all procedures and hearings. The land was advertised in the paper for interested parties to come forward, which nobody did. Would it have been the responsibity of the 1ac tract owner to come forward (and didn't) since his land was also the land of the deed being foreclosed upon due to taxes by the county.