New neighbor says quit claim deed no good

[kfowler57]

What is the name of your state? Missouri

There used to be an ingress/egress easement on my property for the next door neighbor. When that neighbor sold, he gave me a quit claim deed, signed a day or two before he closed on his house. My lawyer handled the matter (he's now deceased, the lawyer) and the quit claim deed was filed at the court house. I have checked with the court house and they have assured me that there is no longer an easement on my property.

New neighbors moved in and five years went by. I gave them permission to use my driveway when they needed it, which was not very often. I now have my property up for sale. I just found out from my realtor that this neighbor keeps coming over when he sees lookers and informs them he has an easement on my property.

I have tried to talk sense to him, asked him to produce this easement document, i.e. warranty deed, that gives him this easement and he insists that quit claim deeds are worthless and he still has the original easement. According to my realtor, he has cost me probably three offers on my house but he refuses to go down to the courthouse to verify my claim it was returned, still insisting that "everybody knows quit claim deed are no good."
What do I do now?

 

[nextwife]

A quit claim deed MAY be no good IF the deeding party is not the proper party to convey that interest (for example, if I quit claimed easement rights to that property, the QC would be "no-good" because I have no legal interest) A quit claim is not normally used for the SALE of RE because the seller is not "warranting" the title condition.

Suggestion: obtain a preliminary commitment of title insurance on the property, you are selling (if available in your area) and a copy of that QC, Buyer "to Be Named" amount "to be Determined", and if a question on what the condition of title may be comes up, simply provide a copy of the title report and that they may feel free to review it, and that the title company already states there is no longer a recorded easement right. This is done all the time in my market in preparation for the sale of property, on the condition that title will be updated and used when a sale occurs.