Survey Co. and Title Co. Did Not Disclose Quitclaim Deed for My Property

[jockwalker69]

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

I have owned and lived on my 4 acre property for 13 years. I closed with a title company and with a certified survey. The surveying company that surveyed the entire subdivision that the county has on record, screwed up the back of my property back in 1972 by 107 feet by 700 ft. I just found out my back property line basically leaves my house and barn on the wrong side of the property line. Records show 2 years after the subdivision survey was made in 1972, that 107'x700' mistake was quitclaimed to a company involved with the developement which we thought corrected the mistake. You would think they would have then deeded it to the property owner that owned my property before me. Not so. Yesterday we found it was quitdeeded to someone else 5 months ago not involved in the subdivision, and he wants to make waves. He now owns, because of the quitclaim, more than a third of my property and my 2500 sq. ft. house. This should have never happened to me if someone had done their homework when I purchased my property.
Anyway, none of this was ever disclosed in the survey or by my title company. I am looking at legal fees and a new survey at no fault of mine. WHO is libel here? I look forward to any help.What is the name of your state (only U.S. law)?

 

[NC Aggie]

Your title insurer would be liable.

 

[FlyingRon]

That's the problem with a quit claim deed. It makes no representations of ownership.

Did you have owner's title insurance? Your title search means squat without it, and the surveyor is not at fault for not checking the provenance of the deeds.

 

[jockwalker69]

yes, I do have owner's title insurance.

 

[jockwalker69]

Just had a scare last night. I went through my closing papers from 12 years ago when I refinanced the loan with the same company previously. There was a form that I signed stating I was not purchasing title insurance. Oh crap!! Needless to say I had a restless night. Got online and found out quickly that my original policy is good for as long as I own the property and there was no need to purchase it again. I was only obligated to purchase lenders insurance. My heart is beating at a normal pace again.