Cannot Sell Property Due to Defective Deed

[Legally Chal]

In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have been stated to run long the highway’s southern right-of-way. This error essentially displaces the lot to the north by 40 feet (onto the highway), such that she does not have title to the southernmost 40 feet of the lot, despite it being used and maintained by our family since the 1960s. A large workshop (built, used, maintained by my grandfather for 50+ years) still straddles the now-displaced southern property line, such that part is north of the line and part is south of it. A title company representative recently informed us that this problem cannot be addressed by a corrective deed or Scrivener’s affidavit.

We've been advised to use Quit Claim Deeds, but for whom do we get to sign them (nobody is formally challenging our right to the property). Similarly, we've been advised to start a Quiet Title, but who would be the defendant?

What are our options, so that my Mother has title to sell the land, inclusive of the 40-feet at issue?

 

[Ohiogal]

In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have been stated to run long the highway’s southern right-of-way. This error essentially displaces the lot to the north by 40 feet (onto the highway), such that she does not have title to the southernmost 40 feet of the lot, despite it being used and maintained by our family since the 1960s. A large workshop (built, used, maintained by my grandfather for 50+ years) still straddles the now-displaced southern property line, such that part is north of the line and part is south of it. A title company representative recently informed us that this problem cannot be addressed by a corrective deed or Scrivener’s affidavit.

We've been advised to use Quit Claim Deeds, but for whom do we get to sign them (nobody is formally challenging our right to the property). Similarly, we've been advised to start a Quiet Title, but who would be the defendant?

What are our options, so that my Mother has title to sell the land, inclusive of the 40-feet at issue?

You need to contact the title company as well as talk to a property attorney. This is beyond the scope of this forum.

 

[adjusterjack]

Well, another option that comes to mind is to put it up for sale, dirt cheap, disclose the property line issues, get the buyer to agree, in the written contract, to accept those issues, and convey it by quitclaim deed, making sure that your mother doesn't make any warranties or guarantees.

She will still need a lawyer to handle the transaction to make sure she is relieved of any liability.

There are investors out there who will buy problem properties if they can get them cheap enough to make it worth fixing the problems and still make a profit.

Your mother will have to choose between incurring the expense of fixing the problem or discounting the price substantially to offset the problem.

A property attorney can advise her on the cost of fixing the problem.

 

[Bali Hai Again]

In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have been stated to run long the highway’s southern right-of-way. This error essentially displaces the lot to the north by 40 feet (onto the highway), such that she does not have title to the southernmost 40 feet of the lot, despite it being used and maintained by our family since the 1960s. A large workshop (built, used, maintained by my grandfather for 50+ years) still straddles the now-displaced southern property line, such that part is north of the line and part is south of it. A title company representative recently informed us that this problem cannot be addressed by a corrective deed or Scrivener’s affidavit.

We've been advised to use Quit Claim Deeds, but for whom do we get to sign them (nobody is formally challenging our right to the property). Similarly, we've been advised to start a Quiet Title, but who would be the defendant?

What are our options, so that my Mother has title to sell the land, inclusive of the 40-feet at issue?

The titled owner of record would be the defendant.

 

[quincy]

In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have been stated to run long the highway’s southern right-of-way. This error essentially displaces the lot to the north by 40 feet (onto the highway), such that she does not have title to the southernmost 40 feet of the lot, despite it being used and maintained by our family since the 1960s. A large workshop (built, used, maintained by my grandfather for 50+ years) still straddles the now-displaced southern property line, such that part is north of the line and part is south of it. A title company representative recently informed us that this problem cannot be addressed by a corrective deed or Scrivener’s affidavit.

We've been advised to use Quit Claim Deeds, but for whom do we get to sign them (nobody is formally challenging our right to the property). Similarly, we've been advised to start a Quiet Title, but who would be the defendant?

What are our options, so that my Mother has title to sell the land, inclusive of the 40-feet at issue?

Do you know who the deeded owner is of the southernmost 40’ of the property that has been used and maintained by your family since the 1960s?

The definitions as outlined in Gibbs v. Pace may (or may not ) be helpful to you:
https://casetext.com/case/gibbs-v-pace

I agree with Ohiogal that your questions are not ones that can be easily answered on a forum. You will want to have a property law attorney research this for you.

 

[PayrollHRGuy]

It is not unusual for land to be to the center of the highway/road/street in Arkansas.

 

[Bali Hai Again]

It is not unusual for land to be to the center of the highway/road/street in Arkansas.

Or pretty much anywhere as long as it‘s road frontage I suspect.

 

[quincy]

It is not unusual for land to be to the center of the highway/road/street in Arkansas.

Surveys often measure from the center of the road but the property boundaries do not include measurements to the center of the road.

https://www.pels.arkansas.gov/wp-content/uploads/2020/08/2020-08-07-Minimum-STANDARDS-of-Practice.pdf

 

[Bali Hai Again]

Taxes are paid on the property less the public right of way portion. The deed and survey will include the public right of way in the total acreage. The workshop OP is referring to is encroaching (or was encroaching) on someone else’s land when it was built.

 

[quincy]

Taxes are paid on the property less the public right of way portion. The deed and survey will include the public right of way in the total acreage. The workshop OP is referring to is encroaching (or was encroaching) on someone else’s land when it was built.

Where are you getting that information? Cite please.

 

[Jeembo941]

Surveys often measure from the center of the road but the property boundaries do not include measurements to the center of the road.

https://www.pels.arkansas.gov/wp-content/uploads/2020/08/2020-08-07-Minimum-STANDARDS-of-Practice.pdf

Do you know if it depends on a state or just local surveying policy?

In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have been stated to run long the highway’s southern right-of-way. This error essentially displaces the lot to the north by 40 feet (onto the highway), such that she does not have title to the southernmost 40 feet of the lot, despite it being used and maintained by our family since the 1960s. A large workshop (built, used, maintained by my grandfather for 50+ years) still straddles the now-displaced southern property line, such that part is north of the line and part is south of it. A title company representative recently informed us that this problem cannot be addressed by a corrective deed or Scrivener’s affidavit.

We've been advised to use Quit Claim Deeds, but for whom do we get to sign them (nobody is formally challenging our right to the property). Similarly, we've been advised to start a Quiet Title, but who would be the defendant?

What are our options, so that my Mother has title to sell the land, inclusive of the 40-feet at issue?
The land in question contains a small building(shed used to store a variety of fishing gear like https://gritroutdoors.com/fishing/ so nothing major would be lost).

If noone is there to challenge, then just fresh inspection of the land should do right?

 

[LdiJ]

Where are you getting that information? Cite please.

If it means anything I have always heard it was that way as well.

 

[zddoodah]

the original deed’s description has an error

The "original deed"? Arkansas was part of the Louisiana Purchase, but I doubt the documents relating to that transaction mentioned your mother's property. Are you referring to some deed from the first half of the 19th century? If not, what are you referring to as "the original deed"?

We've been advised to use Quit Claim Deeds

We? Advised by whom? Do you know what a quitclaim deed is?

A "normal" deed (a warranty deed or a grant deed) contains implicit covenants regarding the quality of the title such that the grantee could sue the grantor if title is not in order. A quitclaim deed, by contrast, comes with no warranties or covenants. It says, in effect, "If I own any interest in this property - and I'm not saying I do - then I grant it to you." I don't see how using a quitclaim deed would resolve the problem you described.

but for whom do we get to sign them (nobody is formally challenging our right to the property).

A quitclaim deed - like any deed - is signed by the grantor of the property; in this case, your mother. However, no rational person will pay fair market value for property conveyed by a quitclaim deed.

Similarly, we've been advised to start a Quiet Title, but who would be the defendant?

Again, advised by whom?

The defendants would be any person or entity who is claiming or may claim an interest in the portion of the property not covered by the incorrect deed.

What are our options, so that my Mother has title to sell the land, inclusive of the 40-feet at issue?

Your mother should consult with a few local real estate attorneys. The two options I see are a quiet title action and/or an action to reform one or more of the deeds in the chain of title. I also agree with what "adjusterjack" wrote.

 

[quincy]

If it means anything I have always heard it was that way as well.

From whom have you heard that?

 

[LdiJ]

From whom have you heard that?

To be honest, it is something that I heard so many years ago and so many times since that I am uncertain where the info initially came from. Its just one of those things. I vaguely think it was a surveyor who first told me but I can't be sure. However, it very well could be one of those things that vary from area to area.