What is the name of your state? North Carolina
In 1998, My brother and I were deeded 1/2 interest each in a plot of land
in a life estate by my father. The total acreage was 65 acres.
In 2000, my brother had the land surveyed. In this survey, he added,
removed, and moved lines within and around the original 65 acres. In
removing land within the original lines, he took out approximately 4 acres
of part of the original 65. In moving the lines around, he added approx.
6 acres into the 65 acre area, making a total of 67 acres. Of the 6 acres
that he added on, approx. 4 acres is land that belongs to someone else. So
under this new survey, there are 4 original acres that were taken out, and
6 acres added on, 4 of which belong to someone else. At that time, I was
not aware that the land was being resurveyed, and did not realize that my
brother had changed the property lines from the original plot that was
deeded.
Later in 2000, my father required me to go and sign away my rights to my
brother's 1/2 of the now 67-acre plot of land (67 due to the new survey.
The original deed was for 65). My brother also signed away his rights to
my 1/2. This was shown as a new life-estate deed. But this new
life-estate deed lists ownership under the new, erroneously surveyed lines
which includes 4 acres of someone else's land.
My question is: Which life-estate deed is correct? Will the property
lines listed in the first deed be upheld, or did the second deed change
the lines of the deeded property? My father passed away at the beginning
of February, so the life estate will now need to be removed and the land
recorded as our names as owners, and we aren't sure what is going to
happen with the land.
In 1998, My brother and I were deeded 1/2 interest each in a plot of land
in a life estate by my father. The total acreage was 65 acres.
In 2000, my brother had the land surveyed. In this survey, he added,
removed, and moved lines within and around the original 65 acres. In
removing land within the original lines, he took out approximately 4 acres
of part of the original 65. In moving the lines around, he added approx.
6 acres into the 65 acre area, making a total of 67 acres. Of the 6 acres
that he added on, approx. 4 acres is land that belongs to someone else. So
under this new survey, there are 4 original acres that were taken out, and
6 acres added on, 4 of which belong to someone else. At that time, I was
not aware that the land was being resurveyed, and did not realize that my
brother had changed the property lines from the original plot that was
deeded.
Later in 2000, my father required me to go and sign away my rights to my
brother's 1/2 of the now 67-acre plot of land (67 due to the new survey.
The original deed was for 65). My brother also signed away his rights to
my 1/2. This was shown as a new life-estate deed. But this new
life-estate deed lists ownership under the new, erroneously surveyed lines
which includes 4 acres of someone else's land.
My question is: Which life-estate deed is correct? Will the property
lines listed in the first deed be upheld, or did the second deed change
the lines of the deeded property? My father passed away at the beginning
of February, so the life estate will now need to be removed and the land
recorded as our names as owners, and we aren't sure what is going to
happen with the land.