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Title/Boundary/Ownership issue

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Golem3

Junior Member
What is the name of your state? Michigan

Hi - I bought a home in Dec 2003 from Mr and Mrs "X". They purchased the property from Mr "Y" sometime earlier (I suspect 1993). Mr "Y"s son came to me yesterday saying his father had to buy the land that my driveway is on from the owner of the house next door in 1993. He says that they still own that land as the deed on the house did not reflect the change in the "official" description (ie: Starting from spot A, north 66', west 40', south 66', back to point A...). He says that they would like the original amount of money back that they paid for that land or I will have to take down a fence that is on that land (between that land and the neighbor's they purchased it from). Looking at the Deed, I indeed see that the property description on has the original amount of space on it, but the appraisal report includes the extra 11.5' for the driveway. I have contacted my real estate agent as to what to do now, but I'd appreciate some more suggestions on what to look for. I believe the realtor is going to contact the seller (Mr "X") and his agent and get more info also. Would the title company be responsible for this? Is this something that might be covered by the title insurance? Again, any help would be appreciated. Thanks.
 


nextwife

Senior Member
THe title company insured that the land described in the legal description of their commitment would be yours if you closed inb accordance with their requirments. Any land NOT in their legal description is not insured or part of the conveyance to you. You need to have a survey to establish what your boundaries are. The appraisal has nothing to do with the title insurance - most title insurers never see the appraisal.
 

Golem3

Junior Member
Thanks

MI- Thanks Nextwife. I was gone over the weekend visiting friends, but my realtor called and left a message. Apparently the person I bought the place from was given an option to buy the disputed land, but did not for some reason. :( I believe this leaves me in a position where I will have to purchase the land from Mr. "Y"s son. My realtor is going to contact Mr "X"s agent to see why he did not purchase the driveway or mention that it was not part of the sale, but it doesn't look good for me either way. Thanks again for your help.
 

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