Posted by Mike (WA) on March 20, 2012 at 14:52:56 from (69.10.196.49):
In Reply to: Survey??? posted by SJ on March 20, 2012 at 13:50:57:
These situations sometimes arise when two parcels are surveyed from different starting points- happened often with Donation Land Claims (Homesteads) in our area. I understand that "back east", many surveys were based on the big rock down in the creek (and the creek moved), the old Elm tree (which subsequently succumbed to Dutch Elm disease, etc.
The good news is that if you own on both sides of the strip, and you have been using it as though you owned it, there really is no one else who can exert a claim, and you would own it by adverse possession. It makes a Quiet Title action easy, because there is nobody with standing to contest it. Its just a matter of about 3 months time, and cost of publication of Summons, then getting a decree quieting title entered by default because no one contested it.
I have handled these in the past by having $2,000 or so of the seller's proceeds held back, pending completion of a Quiet Title action (at your expense, unfortunately). The hold-back is so buyer will have funds to do the quiet title if seller doesn't follow through.
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