What is the name of your state? WV
Background (long, and I apologize)
My parents purchased their 32 acre farm 18 years ago from my grandmother, who had purchased it from another family in 1985, who had purchased it from my dad’s sister in 1975, who had purchased it from the original family in 1971. WHEW! This property goes back to the original settlers of the community and was divided amongst the children as their own tracts of land when they married. The deeds have just been passed from buyer to buyer. I think the last survey was done in 1971…beyond that, there have been no changes to the boundaries, or so we thought.
During this time, a fence was put along the property boundary line, along a one lane paved road, all owners have farmed, ran cattle, ran sheep, built a pond, built outbuildings on this property.
Fast forward to last year. My parents have paid off the property and are researching the deed. They find that there is a 4 acre narrow slice straight up the middle of their property that encompasses one pond and one outbuilding that apparently belongs to the farm owner across the road according to the tax map.
Also, they find that they own 4 acres on the neighbor’s property on the other side of the road. Nice clear cut bottom pasture land with a creek.
It’s always been that the road divided the properties…what was on your side was yours , what was on my side is mine. You knew where your neighbors fence was, you knew where your stuff was. It’s a small rural community…
This neighbor has admitted to knowing for 10 years about this error on the tax map, but he has built a fence, a bridge, leased the land for cattle and hay, etc. Mom contacted one of the guys he leased the property to, and he stated that he was told to ignore the tax map and build the fence anyway when he brought up the discrepancy 10 years ago.
Mom and dad want to simply deed the four acres in the bottom over to him and him deed the four acres on their side back to them. Make all this trouble go away easily. Get the tax map correct...
He has dragged his feet for six months now in researching his side of the property problem. Mom called last night to see what he wanted to do. He is wanting to trade deeds, but is wanting extra compensation from my parents to buy that swatch of land back from him! I don’t think he has looked at the swatch of property. It is straight up mountain, with a small shallow pond and rocks. No grazing land at all….I think he thinks it is much more valuable. It isn’t, its just the fact that it cuts the property in half.
What rights do my parents have, as they have worked this property, the deeds claim it as theirs, the deeds do not speak of the bottom land for my parents or the pond area for the neighbro, but the tax map shows differently, and have not known that this property was the neighbors all along? Do they have to give him access rights, as they own BOTH sides of the road cutting through the property?
Background (long, and I apologize)
My parents purchased their 32 acre farm 18 years ago from my grandmother, who had purchased it from another family in 1985, who had purchased it from my dad’s sister in 1975, who had purchased it from the original family in 1971. WHEW! This property goes back to the original settlers of the community and was divided amongst the children as their own tracts of land when they married. The deeds have just been passed from buyer to buyer. I think the last survey was done in 1971…beyond that, there have been no changes to the boundaries, or so we thought.
During this time, a fence was put along the property boundary line, along a one lane paved road, all owners have farmed, ran cattle, ran sheep, built a pond, built outbuildings on this property.
Fast forward to last year. My parents have paid off the property and are researching the deed. They find that there is a 4 acre narrow slice straight up the middle of their property that encompasses one pond and one outbuilding that apparently belongs to the farm owner across the road according to the tax map.
Also, they find that they own 4 acres on the neighbor’s property on the other side of the road. Nice clear cut bottom pasture land with a creek.
It’s always been that the road divided the properties…what was on your side was yours , what was on my side is mine. You knew where your neighbors fence was, you knew where your stuff was. It’s a small rural community…
This neighbor has admitted to knowing for 10 years about this error on the tax map, but he has built a fence, a bridge, leased the land for cattle and hay, etc. Mom contacted one of the guys he leased the property to, and he stated that he was told to ignore the tax map and build the fence anyway when he brought up the discrepancy 10 years ago.
Mom and dad want to simply deed the four acres in the bottom over to him and him deed the four acres on their side back to them. Make all this trouble go away easily. Get the tax map correct...
He has dragged his feet for six months now in researching his side of the property problem. Mom called last night to see what he wanted to do. He is wanting to trade deeds, but is wanting extra compensation from my parents to buy that swatch of land back from him! I don’t think he has looked at the swatch of property. It is straight up mountain, with a small shallow pond and rocks. No grazing land at all….I think he thinks it is much more valuable. It isn’t, its just the fact that it cuts the property in half.
What rights do my parents have, as they have worked this property, the deeds claim it as theirs, the deeds do not speak of the bottom land for my parents or the pond area for the neighbro, but the tax map shows differently, and have not known that this property was the neighbors all along? Do they have to give him access rights, as they own BOTH sides of the road cutting through the property?
