who owns the property?

[trytobecivil]

North Carolina is my home state. My father sucessfuly petitioned to close a street years ago but the town Attorney failed to file papers with the County Registry until I inquired after my fathers death. No survey has ever been done to include this with the property since he owned everything around it. In comes his new wife! They both signed the deeds over to myself and my brother. While we were waiting on a survey to include the closed street with our property she sold their home with a right of way on the closed street that splits our property. The deed attachment states that she recieved the street from my fathers estate, but this was done after we refused to sign a right of way because she had access from the other street. She claims that the closed street was not given with the property. The paperwork from the closing states that the line goes to the center of the street with adjacent owners receiving ownership and a quitdeed. We have no quitdeed but the town zoning and Attorney tells us that the property is ours. We have an appointment with an Attorney and are waiting on a survey. Any chance that we will get this property and stop the right of way that has been given by someone who, in my openion, does not own the property and had no right to give a right of way?

[seniorjudge]

My father sucessfuly petitioned to close a street years ago but the town Attorney failed to file papers with the County Registry until I inquired after my fathers death.

You need to go back to the town, get the ordinance of vacation and record it.


No survey has ever been done to include this with the property since he owned everything around it. In comes his new wife! They both signed the deeds over to myself and my brother.

Who is they and what was the legal description on the deed?


While we were waiting on a survey to include the closed street with our property she sold their home with a right of way on the closed street that splits our property.

I thought you said that you and brother had gotten the property.


The deed attachment states that she recieved the street from my fathers estate, but this was done after we refused to sign a right of way because she had access from the other street.

Rephrase that; it's incomprehensible.


She claims that the closed street was not given with the property. The paperwork from the closing states that the line goes to the center of the street with adjacent owners receiving ownership and a quitdeed. We have no quitdeed but the town zoning and Attorney tells us that the property is ours.

Okay.


We have an appointment with an Attorney and are waiting on a survey. Any chance that we will get this property and stop the right of way that has been given by someone who, in my openion, does not own the property and had no right to give a right of way?

Attorney and a survey. Good for you. You also need a title report from a title insurance company. If the legal description included the vacated street and pa's property surrounded it, then that should settle the problem.

However, I am not sure you have fully explained everything.

[trytobecivil]

Thank you for your reply.
I tried to keep my post short. I'm sorry if it's confusing.
My father and step mother signed the deeds to our property over to my brother and myself. The deed makes no mention of the closed street.
Both homes are paid for and the most recent survey is in the names of my father and step mother. The survey does not include the closed street within the property lines. I am in the process of waiting for a new survey and the Town Attorney has filed a copy of the street closing with the County. I received a copy of it today.
The problem is this, my step mother sold her home very fast and sold it with a right of way, which is the closed street. My step mother and the buyers agent asked my brother and myself for a right of way, we refused, and my step mother closed on the house with an attachment stating that she received all of the closed street from my fathers estate and gave the buyers a right of way.
The Attorney that handled my step mothers side of her closing also handle my fathers estate and he said that the closed street was not signed over with the deed.
The closed street has no PIN#, no property tax has ever been paid on it, no deed has ever been issued for it.
As a property owner adjacent to the closed street, can I produce a copy of the filed closing, have a new survey completed in my name and get a quitclaim deed?
Thank you for any advice