Title dispute issues

[Will525]

Georgia. I purchased 5 acres of undeveloped land approximately 4 years ago in. Shortly thereafter, I had some trees cut and cleared approximately 1.5 acres for a build site. A few years later, I had a change of heart about building on the land and decided to put it up for sale. Then, in December 2010, I received a letter from a neighboring landowner's attorney stating that his clients believe they have superior title to the land and asked me to quit claim it to them (basically sign my rights over to them). I had 20 days to respond to the letter. I have a warranty deed to the land but I also have an owner's title insurance policy. So, I turned the letter over to my title insurance company to open a claim investigation. I was contacted a short time later by a representative of the title insurance company who notified
me that they had contacted the attorney requesting documentation to support the claim.

A few months passed and I heard nothing. I decided to follow up with the title insurance company to check on the status. That's when I learned that they had never received the information they requested. They attempted to contact the attorney again and were told that they would have a response the following week. That was two weeks ago. As I stated previously, I have owned the land for 4 years (documented on the county records and have paid property tax). Altogether the chain of title goes back about 12 to 13 years (two previous owners also recorded deeds and paid property tax).
In Georgia, the statue of limitations for adverse possession with color of title is 7 years. There is nothing in the public records to support their claim and I am wondering what recourse I have? Should I ignore the letter since they have failed to provide documentation to support their claim? Is there some legal instrument that the title insurance company can employ to either force them to provide the documents or drop the claim? "Put up or shut up" so to speak? I would like to sell the land but feel I am being forced to remain in limbo while the attorney may or may not act. Any advice would be greatly appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[latigo]

Georgia. I purchased 5 acres of undeveloped land approximately 4 years ago in. Shortly thereafter, I had some trees cut and cleared approximately 1.5 acres for a build site. A few years later, I had a change of heart about building on the land and decided to put it up for sale. Then, in December 2010, I received a letter from a neighboring landowner's attorney stating that his clients believe they have superior title to the land and asked me to quit claim it to them (basically sign my rights over to them). I had 20 days to respond to the letter. I have a warranty deed to the land but I also have an owner's title insurance policy. So, I turned the letter over to my title insurance company to open a claim investigation. I was contacted a short time later by a representative of the title insurance company who notified
me that they had contacted the attorney requesting documentation to support the claim.

A few months passed and I heard nothing. I decided to follow up with the title insurance company to check on the status. That's when I learned that they had never received the information they requested. They attempted to contact the attorney again and were told that they would have a response the following week. That was two weeks ago. As I stated previously, I have owned the land for 4 years (documented on the county records and have paid property tax). Altogether the chain of title goes back about 12 to 13 years (two previous owners also recorded deeds and paid property tax).
In Georgia, the statue of limitations for adverse possession with color of title is 7 years. There is nothing in the public records to support their claim and I am wondering what recourse I have? Should I ignore the letter since they have failed to provide documentation to support their claim? Is there some legal instrument that the title insurance company can employ to either force them to provide the documents or drop the claim? "Put up or shut up" so to speak? I would like to sell the land but feel I am being forced to remain in limbo while the attorney may or may not act. Any advice would be greatly appreciated. What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

I can sympathize with your anxieties with his hitting you while in the process of trying to market the property. Sort of like waiting for the last shoe to drop.

Other than what they have done to date, there is nothing that the Title Company can do legally or otherwise. They can’t be expected to ride around tilting at windmills and looking in closets for would-be advserse claimants. When and if the time comes they will simply stand on the terms of their policy.

However, you do have one legal means of nipping it. You could file an action against the neighbor to quiet title in your name. But that is expensive and time consuming.

However, if I were in your shoes I would go to the State Bar of Georgia with a written grievance against this attorney who made that hollow demand. Granted the Bar will not impose any sanctions against him because it can’t.

But it will have the effect of calling the Bar’s attention to the fact that this jerk is in the habit of trying to extort people out of their lands by representing would-be claimants without bothering to investigate and document the legal merits their claims.

It might be interesting to learn how many similar letters he has written.
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Incidently, there was a sot of a shyster around these parts (dead now, thankfully) that pulled, among others, the same stunt. He and his strawman ended up owning some of the most valuable real estate in the state. Including half of what is now a world famous ski resort! And neither were ever fitted for an orange jump suit!

 

[154NH773]

this jerk is in the habit of trying to extort people out of their lands by representing would-be claimants without bothering to investigate and document the legal merits their claims.

I agree that this sounds like a scam. The fact that the lawyer has not gotten back to you is probably a sign that he is backing off the claim, as he should have had the documentation in front of him before making the claim in the letter to you. Call the Bar Association as has been suggested.