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Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My property LOT 111, 1V and SE1/4NW1/4, section 1, township

Customer Question

my property LOT 111, 1V and SE1/4NW1/4, section 1, township 31 south, range 61 west of the 6th P.M. section 1 is long 200 ft. the land owner to the south claim 160ft. to be his? all longs go to the north?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

I am sorry to learn of this situation.

(I see that you have already had 2 lawyers work on your case, they have the benefit of having actually reviewed your file so please understand my information is "general" in nature, and intended to help you approach a resolution).

  • Start with a land survey - get a professional surveyor to come and survey the property(ies) and identify if there is an actual disparity in the two deeds.
  • Assuming there is no disparity in the deeds (your neighbor is simply trying to claim a part of your property as correctly identified in the survey), my suggestion would be to try mediation - use a third party neutral to help reach a resolution - contact your local bar association and ask for referrals to mediators.
  • Assuming there is a disparity in the deeds (your neighbor's deed really does show a conflict between your deed and your neighbors), then you may need to look towards litigation (I still recommend trying mediation first, but if mediation fails, you can litigate the dispute).
  • To determine the rights in real property, you are going to have to dig up the chain of title for both properties. Contact a title company (First American, Old Republic, or Chicago Title are 3 major title companies that can do this for both properties). You need to identify the property with the oldest right to the disputed section.
  • In litigation, there is a very specific form of civil claim called a "quiet title action" that you would bring against the neighbor. This is a lawsuit that you file in order to clarify property rights in real property.
Customer: replied 1 year ago.
I got a survey they treted it as a subivision it is not ? The section mile is 5455.78' .the land owner to the south has 2641' with out my 160'. comment?
Expert:  CalAttorney2 replied 1 year ago.

I cannot give you a specific interpretation of your lot lines. Generally a surveyor will be able to assist you with this (that is their profession). If you believe that the surveyor is misreading your deed, there may be an issue with not giving them the entire deed (an incomplete chain of title can lead to a misinterpretation of the legal description - this is not common, but it is possible).

Subdivisions are created by much larger tracts. You will find out if your tract is included in a subdivision by getting a complete title report (see the information above on how to go about getting a full title report - I do not recommend trying to do this yourself, it is free to go to the recorder's office but unless you know what you are doing, it is very easy to misinterpret your findings, or overlook key documents). Often the deed to a single tract will no longer make a reference to a subdivision, but the larger subdivision tract or plat map which was used to break the larger land into parcels will show any such subdivision. Again, this will appear in a full title report.