Expert: liznarr - 4/24/2010

Question
Hi. About 13 years ago I bought 5 acres from the same seller that just sold the land next to me. My deed says 5 acres and the tax statements for the last 12 years say 5 acres. Now this year the tax statement says 4.83 and the new owner wants that .17 acres. Went to the accesses office and received no answers. What can I do? Minnesota   Thank you

Answer
Hi Tom,

Unless there was a mistake at the time you purchased your property and it was recorded incorrectly as public record, my opinion is that this Seller doesn’t have a leg to stand on.  If there was a mistake when you purchased which has now been/is being corrected, it would have to be corrected by a Quit Claim Deed; and you would have to be notified at some point before recording any correction.  Simply put, you have property rights, and no one can just arbitrarily TAKE your property from you.

A deed cannot be changed by a tax statement, period.  As an aside, how in the world could a tax statement determine “which” portion of the five acres the 0.17 acres applied to?  Something is fishy here.

Deeds always have (1) A legal description of what you are purchasing, and (2) a derivation clause which references the previous owner and the property boundaries/measurements, etc.  These two descriptions always MUST be an EXACT match, unless … as an example, another “portion” of your Seller’s original tract of land was sold prior to your purchase.  

If a portion (or portions) of your Seller’s original tract of land was sold prior to your five-acre purchase, the total amount of land in your Grantor’s (Seller’s) ORIGINAL deed must equal (again, as an example) any portion sold prior to your purchase PLUS your five-acre purchase, plus the remaining balance now owned by the Seller).

I hope I am explaining this in a way that you will understand.  In other words, (5 + 5) = 10   …. and so does (5  + 0.17 + 4.83) = 10.     

Do you have a plat of what you bought and/or a written Contract of Sale specifying what you purchased?  If so, this could be a huge help to you.

I would suggest that you first go to your County Clerk’s Office or Register of Deeds and have someone in that department help you look up your property and research this situation.  These offices have employees who will assist you as a member of the general public.  This is public information, and you do not need any special permission to look it up or copy what has been recorded.  If there is no record of any discrepancies there, I would then suggest going BACK to the Assessor’s office.  Don’t do any of this over the telephone.  Do it in person.

When going back to the Assessor’s office, you should have with you (1) Your Deed, and (2) Tax notices for the last 12 years and DEMAND answers for their recent change.  Don’t speak with a clerk; ask for the supervisor/manager of that department.  Insist that they tell you WHY their records were changed; on whose say-so; and request copies of their documentation – if they can provide any.  If they cannot provide any documentation for their change showing a decrease of your ownership of five acres, request in writing that they correct their records and properly reflect five acres that you originally purchased.

If you still get stonewalled at the Assessor’s office, your next visit should be all the way to the top.  I’m not familiar with your system in Minnesota, but ask if they have a County Administrator and/or County Attorney.  If not, ask who is at the top.  And remember, the squeaky wheel always gets the grease.

If you don’t get results after doing all the above, you probably need to seek legal advice.

I hope the above is helpful.  Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth