Part of the land we want to sell is not showing in our deed's legal description

[Mary JO Smith]

What is the name of your state?What is the name of your state? FL

We own land with a house on it which for years has been zoned commercial highway business. We have a buyer now and have discovered that a very small portion of the land is not described in our deed. We live in the house and it and the land have never been used for commercial purposes, but will be after the sale.

The land has been in our family almost 47 years, and we have owned it for 27 as heirs. My parents, then my husband and I, have always paid the taxes on all the land and kept it up. We went to the County and spoke with the head man. He said "Yes, you do own the property in question if you have been paying tax on it all along." We had a title search done and no previous owner has been found going back to 1934 other than the people my parents purchased the property from in the 60s. All property along this highway was messed up in one way or another when the highway was surveyed for widening.

A real estate person told us we need to hire a lawyer and have done a
"quiet the deed" process. Is this the case? Is it an expensive thing to do?

How do we get this small parcel to show in our legal description so as to be able to include and convey it by deed when we sell all the land?

We have thought of selling what we actually "own" and not worry about that small piece, but I don't believe the buyer would purchase if we don't get this matter settled. He says it is large enough to put asmall retention pond on.

Thank you.

[nextwife]

Have you had a title search done on the portion in question to determine who IS in title to that land? It is very possibel it came into your family on a seperate cconveyance and may not show in the most recent deeds because they were done via probatte and no title search was done when the last deed was drafted, so it was "missed".

FIRST, you need to know who is in title BEFORE you can even know what may need to be done.

[nextwife]

Have you had a title search done on the portion in question to determine who IS in title to that land? It is very possibel it came into your family on a seperate cconveyance and may not show in the most recent deeds because they were done via probate and no title search was done when the last deed was drafted, so it was "missed".

FIRST, you need to know who is in title BEFORE you can even know what may need to be done.

[Mary JO Smith]

A title search was done when my parents purchased the property in the 60s. A title search was done when the estate was settled and my husband and I purchased my sister's interest from the estate during the probate process and were getting a mortgage. A title search was done more recently when we refinanced our mortgage. All legal descriptions jibe.

It was not until last year when we had a survey done that we learned about the problem with this little jog of land. We then had a title search done on just that part (5,098 sq. ft.) of the land that is not included in the legal description. This is the search that goes back to 1934 and reveales that the last owner the title company could find was a man in 1934.

Our surveyor dotted this parcel into the surveybut stated on the survey - "no deed provided". It wasn't until that survey was done that we came to know that what was described in our legal descriptions evidently never included this small area, which is simply a little jog of land extending beyond the end of our land and lavks the depth that the rest of the land has. All along we have assumed for 47 years that the legal description was describing the entire parcel. Previous surveys DID show the entire parcel including the jog.

When the tax office ran us a parcel number of what they show we own, it is stated as lot 2 and lot 2.5. Aerials on their map show the same land/lots that include all the land without leaving out the jog.

My questions is how do we get this small jog included in the legal description of the entire land we own. We are told by the tax assessment office that we have been paying tax on all the land, including this jog, but our title does not include it in the legal description. We don't know how or when things got mixed up of how far back the mixup goes. How do we begin to straighten it out?

It is a dilemma we can't solve and don't want to hire a lawyer if it is possible for us to get it straightened out ourselves. But we don't know where to start getting it straightened out. Where do we begin?.

Thank you.

[HomeGuru]

Originally Posted by Mary JO Smith

A title search was done when my parents purchased the property in the 60s. A title search was done when the estate was settled and my husband and I purchased my sister's interest from the estate during the probate process and were getting a mortgage. A title search was done more recently when we refinanced our mortgage. All legal descriptions jibe.

It was not until last year when we had a survey done that we learned about the problem with this little jog of land. We then had a title search done on just that part (5,098 sq. ft.) of the land that is not included in the legal description. This is the search that goes back to 1934 and reveales that the last owner the title company could find was a man in 1934.

Our surveyor dotted this parcel into the surveybut stated on the survey - "no deed provided". It wasn't until that survey was done that we came to know that what was described in our legal descriptions evidently never included this small area, which is simply a little jog of land extending beyond the end of our land and lavks the depth that the rest of the land has. All along we have assumed for 47 years that the legal description was describing the entire parcel. Previous surveys DID show the entire parcel including the jog.

When the tax office ran us a parcel number of what they show we own, it is stated as lot 2 and lot 2.5. Aerials on their map show the same land/lots that include all the land without leaving out the jog.

My questions is how do we get this small jog included in the legal description of the entire land we own. We are told by the tax assessment office that we have been paying tax on all the land, including this jog, but our title does not include it in the legal description. We don't know how or when things got mixed up of how far back the mixup goes. How do we begin to straighten it out?

It is a dilemma we can't solve and don't want to hire a lawyer if it is possible for us to get it straightened out ourselves. But we don't know where to start getting it straightened out. Where do we begin?.

**A: that's why you need a lawyer.
***
Thank you.

**A: ok**************..