Land Issues

[famman]

What is the name of your state? Florida

Good afternoon!

My wife and I had some land signed over to us by her Grandmother a few months back. There is an individual who was sold 8 acres of land while my wife's grandfather was alive. However, this individual isn't living on the acres he purchased, he's living and has a home built on the land we own. Apparently someone wrote the description wrong. A quick check with the surveyor's office confirmed this. I offered to swap land with him (quick claim deed) and give him 8 acres from the land he has his home built on, in return he will sign over the 8 acres that he legally owns. He agreed at first, but when I attempted to make the long trip to where the land is located, he was unavailable. What can I do to resolve this? Can I charge him rent for living on our land or are there better alternatives? Thanks in advance for the help.

[HomeGuru]

Originally Posted by famman

What is the name of your state? Florida

Good afternoon!

My wife and I had some land signed over to us by her Grandmother a few months back. There is an individual who was sold 8 acres of land while my wife's grandfather was alive. However, this individual isn't living on the acres he purchased, he's living and has a home built on the land we own. Apparently someone wrote the description wrong. A quick check with the surveyor's office confirmed this. I offered to swap land with him (quick claim deed) and give him 8 acres from the land he has his home built on, in return he will sign over the 8 acres that he legally owns. He agreed at first, but when I attempted to make the long trip to where the land is located, he was unavailable. What can I do to resolve this? Can I charge him rent for living on our land or are there better alternatives? Thanks in advance for the help.

**A: this is a complicated matter that requires the services of a real estate attorney.

[famman]

Thank you!

Originally Posted by HomeGuru

**A: this is a complicated matter that requires the services of a real estate attorney.

This advice is exactly correct. Follow it.

I have been involved in several cases like yours and let me add a couple of things: make sure that the surveyor that you hire to straighten this mess out is competent. (There are a lot of bad surveryors around.)

Also, you need to get a reputable title company involved. The other guy may have liens or whatever on his land.

Finally, get a real estate attorney who knows what he's doing. If the lawyer isn't knowledgeable, he will make things a lot worse.

[nextwife]

yes, this gets even more complicated if there are mortgages against any of the land involved.

[Florid-aise]

An attorney, a knowledgable and competent attorney is the absolute indespensible and only viable alternative that you have to work this out.

HomeG, SJ, nextwife, and I, only state the simple obvious. The reason being, the explaination would take untold pages to convey.

Get that attorney.