Land dispute

Land dispute

ballerina	1/5/2005 9:44:04 PM
Just the facts, ma'am. (names are fictionalized) John Doe goes to court to settle a right of way dispute. During this dispute he and his wife sign a sworn statement which supports the survey of their property but not their deed (the survey shows exact measurements while the deed is "about a hundred and fifty feet from a cedar tree to a locust post"). The dispute is settled when John Doe releases any claim to the right of way under dispute and he is granted a new right of way. A new deed with this new right of way is recorded with a copy of a survey that disputes the deed. John Doe later sells to Jane Dear. Now Jane Dear has a land dispute with a different neighbor who's deed and survey agrees with John Doe's original survey and his sworn statement but not with Jane Dear's current survey and deed. Oy vey. Can someone help Jane Dear?



"Richard"	1/5/2005 10:56:48 PM
On Wed, 05 Jan 2005 21:44:04 GMT ballerina wrote: Just the facts, ma'am. (names are fictionalized) John Doe goes to court to settle a right of way dispute. During this dispute he and his wife sign a sworn statement which supports the survey of their property but not their deed (the survey shows exact measurements while the deed is "about a hundred and fifty feet from a cedar tree to a locust post"). The dispute is settled when John Doe releases any claim to the right of way under dispute and he is granted a new right of way. A new deed with this new right of way is recorded with a copy of a survey that disputes the deed. John Doe later sells to Jane Dear. Now Jane Dear has a land dispute with a different neighbor who's deed and survey agrees with John Doe's original survey and his sworn statement but not with Jane Dear's current survey and deed. Oy vey. Can someone help Jane Dear? Contact the county's recorder office, the survey office, and let them determine the precise measurements then everyone's happy. I was surprised once when my mother told me that according to the deed to their house, they actually owned the property out to the center of the street. I thought she was full of crap, until a township officer told me they checked on it and found out she was right. But the odd thing is, the land was deeded so that technically the house had to face the side street, not the main street as it does. When you're a contractor, you can get away with certain building requirements.



nospam@isp.com	1/7/2005 8:50:44 PM
On 05 Jan 2005, ballerina <dancing@monsters.ball> wrote: Just the facts, ma'am. (names are fictionalized) John Doe goes to court to settle a right of way dispute. * * * [H]e and his wife sign a . . . statement which supports the survey of their property but not their deed (the survey shows exact measurements while the deed is "about a hundred and fifty feet from a cedar tree to a locust post"). The dispute is settled when John Doe releases any claim to the right of way under dispute and he is granted a new right of way. A new deed with this new right of way is recorded with a copy of a survey that disputes the deed . . . . . . . except that, since you are referring to a written settlement, you don't actually mean "disputes" but instead "is different from and as between, on the one hand, John Doe and his successors/assigns and, on the other hand, the landowner with whom John Doe had been litigating and that party's successors/assigns, which supersedes what the prior deed to John Doe said" -- right? John Doe later sells to Jane Dear. Now Jane Dear has a land dispute with a different neighbor who's deed and survey agrees with John Doe's original survey and his sworn statement but not with Jane Dear's current survey and deed. Oy vey. Can someone help Jane Dear? No -- because, contrary to your posting's introductory statement, you do not actually provide "just [or, indeed, _any_ of] the facts" that actually explain how (or even whether) the John Doe to Jane Dear deed stating the metes and bounds of the John Doe property conveyed by John Doe to Jane Dear as also stated in/by the John Doe settlement of the John Doe lawsuit bears (or even arguably should bear) in any way on Jane Dear's dispute with an unrelated landowner (nor do you report whether as between Doe and Dear you are referring to a quitclaim or to a bargain-and-sale deed with/without covenants, etc., and so you also do not enable evaluating intelligently whether John Doe and his settlement are even relevant to the Jane Dear dispute with someone else to which you only vaguely refer). Your posting/query therefore would benefit from its being clarified/reformulated actually to state just the facts.

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