Expert: Dick Dennis - 6/20/2006

Question
We recently listed our zero lot line for sale and upon listing it, realized that the deed and the front page of the abstract state that we live in lot 72A which is described as the northerly most section of the lot (72A and 72B).  Everything (deed, abstract, survey) matches everything else, w/the exception of the fact that we actually own and live in lot 72B (which is the southern most portion of lot 72).  The neighbors abstract and deed state that they own the southern most portion, which according to the survey is the lot we occupy.  We know that the surveyor is the first person to designate the lot as A&B and submits the drawing to the recorder or the assessors or auditors office, who do you think is responsible for this mess and do you know if title insurance will cover my attorney fees to resolve the issue.  To top it off, we sold our property in 21 days and have about a week to get it resolved before the closing of this house.

Answer
Since you have your property sold, Steve, let the title company who is handling the sale take care of it. They may get it remedied with the title company that took care of the purchase of your property.

If there is an attorney in the picture, the title company will take care of his fees in this mess.

I do wish you well.

Dick Dennis              dixiedee13@aol.com