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wrong legal description on quit claim deed

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20acres08

Junior Member
What is the name of your state (only U.S. law)? Oklahoma
I am trying to close the sale of my land that I inherited from my parents. This land has been in my family for over 60 years. The abstract office has found that my neighbor filed a quit claim deed with the wrong legal description that includes 20 acres of my land. Her sister originally owned the land and before she died, she wanted to give 5 acres to the lady that I am dealing with. Their lawyer prepared the quit claim deed with the wrong legal description and will not fix it unless he is paid several thousands of $$$. The sister has since died and the lady that I am dealing with will not sign a quit claim deed to me for the 20 acres that is mine anyway to clear up my title. She is afraid that once she signs this deed, she will lose her right to the original 5 acres. This feels like extortion - I have offered her $1,000 for her to sign the deed to me but she has me over the barrel. Do I have no recourse? Am I at her mercy? If she does not sign the deed to me for the 20 acres, what do I do? (By the way, I am thinking about starting a business where I go around and start filing quit claim deeds on land for sale so that the owners have to pay me so they can sale their land. This is so illegal and unfair.)
 


divgradcurl

Senior Member
What is the name of your state (only U.S. law)? Oklahoma
I am trying to close the sale of my land that I inherited from my parents. This land has been in my family for over 60 years. The abstract office has found that my neighbor filed a quit claim deed with the wrong legal description that includes 20 acres of my land. Her sister originally owned the land and before she died, she wanted to give 5 acres to the lady that I am dealing with. Their lawyer prepared the quit claim deed with the wrong legal description and will not fix it unless he is paid several thousands of $$$. The sister has since died and the lady that I am dealing with will not sign a quit claim deed to me for the 20 acres that is mine anyway to clear up my title. She is afraid that once she signs this deed, she will lose her right to the original 5 acres. This feels like extortion - I have offered her $1,000 for her to sign the deed to me but she has me over the barrel. Do I have no recourse? Am I at her mercy? If she does not sign the deed to me for the 20 acres, what do I do? (By the way, I am thinking about starting a business where I go around and start filing quit claim deeds on land for sale so that the owners have to pay me so they can sale their land. This is so illegal and unfair.)
If you can't get anyone to work with you, your recourse is to hire your own lawyer to pursue fixing the mess, which may require filing a lawsuit to quiet title on the land.

You are much better off paying a few grand to get the deed fixed than going down that route, though.
 

154NH773

Senior Member
Her sister originally owned the land and before she died, she wanted to give 5 acres to the lady that I am dealing with.
Please clarify; did the dead sister previously own your family's property, or just the neighboring property?

A quit claim deed can only convey property that the grantor actually owns. A title search should be able to show that you own the land, and the other party had no legal right to convey it. There should be no need for you to do anything as long as your deed, and the succession of deeds into yours, clearly shows your ownership, and no conveyance to the dead sister.
 
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