New purchase with property line dispute

[hyperwss]

What is the name of your state?
Georgia
I bought a house last November. I found out when I try to register with county, this parcel actually includes my and neighbor’s house. This mistake shows on both closing documents, and county record. The response from title company is the previous owner has an agreement with my neighbor. However, that agreement never records with county. According to the title company, I only own about half of the land indicating on the closing documents. What are my options? Georgia Resident

[HomeGuru]

Originally Posted by hyperwss

What is the name of your state?
Georgia
I bought a house last November. I found out when I try to register with county, this parcel actually includes my and neighbor’s house. This mistake shows on both closing documents, and county record. The response from title company is the previous owner has an agreement with my neighbor. However, that agreement never records with county. According to the title company, I only own about half of the land indicating on the closing documents. What are my options? Georgia Resident

**A: have a real estate attorney review your title report and related docs asap.
It appears you may be talking about an unrecorded easement or encorachment agreement.

[hyperwss]

Originally Posted by HomeGuru

**A: have a real estate review your title report and related docs asap.
It appears you may be talking about an unrecorded easement or encorachment agreement.

Thank you HomeGuru.

Here is the long story. I filed a claim to my Title Company soon after my County trip. Here is something the Title Company told me. I am the third owner for this house. The first owner is the son of my next door neighbor. The son has build a new house (now my house) on the same parcel of land with his father. They did not file any legal documents, as far as I know, for the transaction, no County record either. Then the second owner bought the house six years ago. The second owner did a survey which never shows at my closing. The serve is about half size of the land parcel. Now, my Title Company recognizes my closing document (cover the entire parcel) does not match with the second owner’s survey. The county record shows that I have purchased my neighbor house, not my house. It has took the Title Company two months to “correct” this mistake. And now the letter from the Title Company said they have all the parties for two priors transactions to sign the new property deed which is ready for me to file sale with the County. But, my purchase of the land has just reduced to half the size.

Summary
1. The title company did not present the correct deed at closing.
2. The attorney for the second owner represents for them twice with the wrong information.
3. The second owner misrepresents the wrong information for the sale.
4. My closing attorney certainly did not do a good job either.

Should I file law suite? If the answer is yes, then to who, the Closing Attorney, the Title Company, the Second Owner?

Thank you for just reading this.

[HomeGuru]

Originally Posted by hyperwss

Thank you HomeGuru.

Here is the long story. I filed a claim to my Title Company soon after my County trip. Here is something the Title Company told me. I am the third owner for this house. The first owner is the son of my next door neighbor. The son has build a new house (now my house) on the same parcel of land with his father. They did not file any legal documents, as far as I know, for the transaction, no County record either. Then the second owner bought the house six years ago. The second owner did a survey which never shows at my closing. The serve is about half size of the land parcel. Now, my Title Company recognizes my closing document (cover the entire parcel) does not match with the second owner’s survey. The county record shows that I have purchased my neighbor house, not my house. It has took the Title Company two months to “correct” this mistake. And now the letter from the Title Company said they have all the parties for two priors transactions to sign the new property deed which is ready for me to file sale with the County. But, my purchase of the land has just reduced to half the size.

Summary
1. The title company did not present the correct deed at closing.
2. The attorney for the second owner represents for them twice with the wrong information.
3. The second owner misrepresents the wrong information for the sale.
4. My closing attorney certainly did not do a good job either.

Should I file law suite? If the answer is yes, then to who, the Closing Attorney, the Title Company, the Second Owner?

Thank you for just reading this.

**A: you need to hire your own re attorney. It appears that the lot was never legally subdivided and that is the problem. Didn't your mortgage lender raise the issue?