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Question
Hi! I was hoping you could give me some advice. My parents have been in the process of purchasing a farm. My father hired a professional surveyor to survey the land so that he knew exactly how many acres he would be purchasing. This is were it gets confusing. The survey showed that there was an extra 6 acres of land than what the seller thought was there. The seller thought there was approx 71 acres and the surveyor said there was 77 acres of land. While contacting the adjoining land owners about this delema one land owner is prepared to fight this. Heres the catch... the deed states there is 59 acres of land, but the county office says there is 61 acres of land (which is what the current owner pays taxes on) and the deed that my father has is not as explanatory as it should be. My question : How do you determine the correct acreage? And How do you go about getting this changed? Thanks for any help you can give us!!
Thanks
This is a MESS! One or more of the many TITLE INSURANCE COMPANIES shpuld have issued policies on both the land Dad & Mom are interested in purchasing AND the Neighbor/Seller's land, as well as other adjoining landowners.
Right now I don't THINK you need another survey--you've already gotten several conflicing ones. One more may just ADD to the confuson.You MAY need another survey LATER, but other things have priority NOW.
Your Parents should contact an Atorney that specializes in Rural Real Estate and consult with him or her on this matter!The Lawyer will likely take this up with the Title Insurance Companies involved.You say "one land owner is prepared to fight..." I submit that more than one will join in the fray! Like with a multi-vehicle automobile accident,everyone wants a "piece of the pie," & it's best to let the Attorney's and Insurance Companies "do battle." Let them determine the correct acreage and take care of any record changes that are found necessary.And decide who's financially damaged, who's not!
Thes kinds of problems can take "years" to resolve. If I were your Dad, I'd suggest to Mom that we look elsewhere for that farm we want. GOOD LUCK!
--JIM
PS: Look up the term--LIS PENDANS in a legal dictionary.Then run like hell to look at other farms.
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Jim Root
Expertise
How to select the right Real Estate Salesperson & Loan Officer--ones who will serve your best interests! House-hunting tips & suggestions on selection of the home best for your family needs. Introduction to the Home Buying Process & all the "Players" involved.What is of utmost important to the Homebuyer? Real Estate Contracts & Negotiations, Appraisal needs, Title Co. involvement, Home Inspection issues& the Closing/Escrow systems, etc. Whatever your question, the answer will follow, whether from personal knowledge or research! Gale, shown here with me, has been a Real Estate Office Administrator, licensed Realtor & has served as my Research Assistant over the years!
Experience
Over 30 years as a "Real Estate Professional." including Real Estate Marketing & Sales, Appraisal work, Mortgage Banking & as a Realty Officer with U.S Dept. of HUD's FHA Homeownership Division in Alaska, Washington & Idaho! Some experience in Montana, California, Utah & Nevada markets!Knowledge of National Markets by continuous Research!
Organizations
Former member of Nat'l Ass'n of Realtors (NAR) & Mortgage Bankers Ass'n of America (MBAA). Currently with National Association of Review Appraisers & Mortgage Underwriters (NARA/MU).
Publications
Published in various local, state, regional & national Real Estate-related magazines & newsletters!Co-author of various Govt. publications on Homeownership, Appraisals & Mortgages while with HUD/FHA.
Education/Credentials
Associate Degree in Real Estate Studies plus:
Numerous Real Estate-related Courses conducted by the U. S. Government & Private Industry over the past 30 years.
Bachelors Degree in Mass Communications,
Masters Degree in Education/Teaching
Awards and Honors
Professional Designations: Certified Residential Originator (CRO) from MBAA, Registered Mortgage Underwiter (RMU) & Certified Review Appraiser (CRA) from NARA/MU. Outstanding Peformance Awards for 10 of the 12 years with HUD/FHA & numerous Sales/Listing Awards while a licensed Real Estate Agent.
Past/Present Clients
No longer selling/listing Real Estate, nor Appraising properties, nor working in the Mortgage business, this "Real Estate Pro" serves as Director of a Company that provides Professional Development Seminars & Workshops to the "Real Estate Industry" and provides free (as needed) & fee-paid (on a sliding scale) consulting & inspection services to members of the general public.Your questions will be answered without "salesmanship" & with your best interests in mind!
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