Quick Claim Deep was incorrect

[hartwa]

What is the name of your state (only U.S. law)? Wisconsin

Hi... Hoping someone can offer some advice.

I bought land 12 years ago. we did a quick claim deed and did not correctly measure the boundaries. I intended to buy the entire parcel of her property and she intended to sell my the entire parcel. The north to south line should measure 478' from the bieginning to the end of her property...instead it states 412' in my legal description. I think we just measured incorrectly... and understated it on the Quick Clam Deed. The county plat does not recognize this little sliver as existing at all...she is not listed as an owner anywhere near by the property.

How do I correct the legal description? Thanks for anyone that can offer advice.

 

[FlyingRon]

There's no such thing as a "quick claim deed." The word is "quit claim."

A quit claim deed transfers the whatever interest the owner has without representation as to what that is.
I'm not even sure why you were measuring things. Parcels are typically conveyed in their entirety and you can subdivide them with a simple deed anyhow.
If you can find the person who deeded the property to you, you can just have the deed the rest. It would behoove you to have an attorney since neither of you seem to understand what you're doing.

If the seller is unwilling or can not be located, you're going to need to go to court to get this corrected (quiet title action or the like). That's definitely going to take an attorney.

 

[Zigner]

It's interesting that the same 66' is a matter of contention wrt an easement (https://forum.freeadvice.com/neighbors-boundaries-108/easement-question-611206.html) - in any case, this is also a question you should ask the attorney you are seeing (or maybe already saw) today.

 

[154NH773]

I agree with the advice from others, but I would go one step further. I would immediately "claim" the property by affirmatively fencing or posting the property. If the abutter on the other side was to learn of the problem, they might lay claim to the piece, making a quiet title more difficult.

 

[154NH773]

The other abutter might be able to find the previous owner and buy the piece from them. You would probably have no easy way to claim the property if that was to happen.
This circumstance actually happened to me when my abutter sold their land and left out a 5 acre piece next to me by inaccurately describing the bounds. I asked the seller to sell me that piece, which they legally could, but they rightfully wrote a new deed transferring all the land to the new owner, since that had been their original intention.
You really need to work this out with the previous owner if at all possible.

 

[hartwa]

Thanks for the responses...I am looking to settle up with the seller and redoing the boundaries but she is dead. I am looking into heirs now.

 

[Zigner]

Thanks for the responses...I am looking to settle up with the seller and redoing the boundaries but she is dead. I am looking into heirs now.

How do you intend to convince the heirs of her intention?

What did the attorney say about it yesterday when you asked?

 

[hartwa]

How do you intend to convince the heirs of her intention?

What did the attorney say about it yesterday when you asked?

Well... they marked things out on the deed out by pacing it. Both my dad and the lady were elderly at the time and did things a "there about way". In 20 years no one noticed or cared. I am only finding this out now because I want to transfer the and to the city so they will take owndership of the road. it is pretty obvious that she did not intend to hold a sliver of land only 20 yards wide and 100 yards wide.

My attorney told me to contact the heirs...if they are unwilling then we will do the adverse possession since I have used the road and maintained it for 20 years.

I am hoping that there is an easier way...