Will a quit claim work? (Oregon)

[inoregon2018]

We purchased a foreclosed home in Oregon 3 years ago. We became aware near closing that there was a 20 ft. wide tax lot that was part of the land that was still in the previous deceased owners name. We were reassured at the time that this would transfer ownership. Fast forward.......It didn't, and this 20 ft tax lot actually encompasses the driveway effectively blocking access to the home at the road. More back story, the taxlot was incorrectly recorded at survey (verified by county & city) and was supposed to be a lot line adjustment originally that was approved by the city and was never recorded this way. Neither the city or the county can do anything because this is a civil legal matter. I have access to the previous owners estate heir and they have agreed to quit claim this to us. Is this the correct way to go about getting this into our ownership?

 

[Taxing Matters]

No way to know for sure without reviewing the applicable deed records. It may be that the executor/administrator of the decedent's estate must execute a deed on behalf of the estate or it may be that deeds are needed from one or more of the estate beneficiaries. You ought to consult a real estate attorney in Oregon to sort that out. You want to get it right the first time while decedent family members are cooperative.

 

[FlyingRon]

In addition (and the attorney will almost certainly recommend this) is that you should get a proper title search on all the parcels involved to ascertain the exact ownership status and then purchase owner's title insurance to warrant that determination (once you resolve the potential claims the search discovers). I wouldn't even take a gift of property from my sainted aunt without title insurance.

 

[inoregon2018]

I tried to contact the Title company who processed our purchase because I assumed that title insurance would take care of this. They said no because this parcel was not part of the foreclosure or sale because it was not on the deed. Is this correct. The driveway was represented as with the home, shouldn't this have been caught by the title company?

 

[FlyingRon]

Without knowing the circumstances of the sale, we have no idea.

 

[inoregon2018]

Thank you.