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Land ownership dispute

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musicpress

Junior Member
I have recently purchased a foreclosed home out in Newsoms, Virginia containing 0.92 acre. I was always aware of a piece of land situated right by it with a mobile home but when it came to getting my title deeds and recent survey, it conveyed the land to me. I will accept that does not mean the trailer, as the description refers to just the land and the improvements , meaning the fact it has MH hook up. The previous owner who foreclosed on it is selling it however, (land and trailer) and he disputes there was an error with the deed recording. Yet I have the latest deed that was made upon my purchase of the home and it states that land also belonged to me. I accept I did not buy the house and the land it sits on believing I was getting a 2nd, but want to fight if I have a right to it. How best to proceed.

Thanks

Nick S
 


Zigner

Senior Member, Non-Attorney
I have recently purchased a foreclosed home out in Newsoms, Virginia containing 0.92 acre. I was always aware of a piece of land situated right by it with a mobile home but when it came to getting my title deeds and recent survey, it conveyed the land to me. I will accept that does not mean the trailer, as the description refers to just the land and the improvements , meaning the fact it has MH hook up. The previous owner who foreclosed on it is selling it however, (land and trailer) and he disputes there was an error with the deed recording. Yet I have the latest deed that was made upon my purchase of the home and it states that land also belonged to me. I accept I did not buy the house and the land it sits on believing I was getting a 2nd, but want to fight if I have a right to it. How best to proceed.

Thanks

Nick S
Let me see - you KNOW that you didn't buy the land. You KNOW that you didn't intend the buy the land. Yet your first response is "Muahahaha! They screwed up!"
 

LdiJ

Senior Member
Let me see - you KNOW that you didn't buy the land. You KNOW that you didn't intend the buy the land. Yet your first response is "Muahahaha! They screwed up!"
I possibly disagree with you. Either the piece of land in question is part of the parcel that was foreclosed upon and therefore part of the parcel the OP purchased or some error happened somewhere.

My gut reaction is that the piece of land was part of the bank loan that was foreclosed upon and that the owner who was part of the foreclosure attempted to divide it and sell it and messed up. However, I could be wrong, just as you could be wrong.
 

Zigner

Senior Member, Non-Attorney
I possibly disagree with you. Either the piece of land in question is part of the parcel that was foreclosed upon and therefore part of the parcel the OP purchased or some error happened somewhere.

My gut reaction is that the piece of land was part of the bank loan that was foreclosed upon and that the owner who was part of the foreclosure attempted to divide it and sell it and messed up. However, I could be wrong, just as you could be wrong.
I stand by my post. I will, however, acknowledge that if the deeds are NOT in error, then the OP almost definitely owns the additional land.
I accept I did not buy the house and the land it sits on believing I was getting a 2nd, but want to fight if I have a right to it.
 

justalayman

Senior Member
I have recently purchased a foreclosed home out in Newsoms, Virginia containing 0.92 acre. I was always aware of a piece of land situated right by it with a mobile home but when it came to getting my title deeds and recent survey, it conveyed the land to me. I will accept that does not mean the trailer, as the description refers to just the land and the improvements , meaning the fact it has MH hook up. The previous owner who foreclosed on it is selling it however, (land and trailer) and he disputes there was an error with the deed recording. Yet I have the latest deed that was made upon my purchase of the home and it states that land also belonged to me. I accept I did not buy the house and the land it sits on believing I was getting a 2nd, but want to fight if I have a right to it. How best to proceed.

Thanks

Nick S
having the latest deed does not necessarily mean anything. Unless the grantor had the legal right to convey what is contained in the deed description, it means nothing. It will take research to determine if the grantor of your deed did in fact have the legal right to convey what is contained in your deed. LdiJ did propose one situation that could have caused the situation. There are other possibilities as well. Before you to emboldened and start tossing the guy off the property you should perform the needed research to discover what created the scenario you are facing.
 

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