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Adverse Possession

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backstage

Junior Member
What is the name of your state?
Georgia
My property was surveyed and came up 10 acres shy of the description in the warranty deed, another owner lost 13 acres on a survey by the same company. What can one do to reclaim? The company said, produce a plat and they will re-survey, the plat was taken, and copies were destroyed by the tax office. How can I get my land back?
 


John Se

Member
where did "your" land go?

I dont understand, were the boundries marked when you bought it?, Did they Move?
 

nextwife

Senior Member
Do you somehow not now own all the land you wre conveyed in the original deed to you? Or are you saying the survey you had done recently is showing less land than the survey you did when you bought the place?

Is the survey showing all the land deeded to you (does the legal description match the deed)? If so, what you were then deeded matches what you now own.
 

backstage

Junior Member
The bounderies were and still are marked. The survey cut 45 feet off the back property line for no apparent reason. They did not follow the land description on the warranty deed. I can have it surveyed by another company, but does this go to civil court? How do I reclaim what I already own? If taxes don't represent all the original property, a quitclaim deed can be filed, public notice made and after several years can be claimed. Maybe the survey was intentional, maybe not. Another property owner had lost 13 acres on a survey by the same company. Is there a pattern here? How do I prove it?
 

nextwife

Senior Member
Did you have title insurance when you BOUGHT the poroperty, insuring that the seller had good title to all the land he was deeding you? Have you ASKED the surveyor why he cut that portion of land off the current survey?
 

backstage

Junior Member
This is old family property deeded to me many years ago, no title insurance on it, and it's undeveloped.
I did ask the surveyor, and he said he'd picked another stake for a boundery reference. This particular stake has nothing to do with this property. I told him that! That's when he said if I could produce an old plat he'd resurvey. The property is bounded by deed description to an intact tract that is owned by the same family for several generations. I have found the original property stakes, and the survey co. is off 45 feet to their survey stake. That adds up on a 40 acre rectangle. It seems suspicious. 45 feet through this property would allow access to river front land on the back side. I have done the title search back to 1918, all is free and clear, with the same descriptive languge.
 
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