Expert: Dick Dennis - 1/15/2007

Question
8 Years ago upon my request the city vacated a 25 foot X 190 foot rightaway that adjoins my property. The property appraiser came out and assessed the entire 25 foot piece of property to us and left the other adjoining property owner out. Apparently his property is in a different sub-division and the right away was dedicated in 1953 from my subdivision. Now we have fenced this property in, paved it and used in exclusively for almost 9 years. 2 years ago the adjoining property was sold. Last month the new owner presented to me a quit claim deed signed by the women who sold him his lot. The deed was for 12.5 feet of our property. He hired a survey company (while we were out) to come into the fenced area and mark out a 12.5 foot property line. Now the deed was signed on the 29th of Dec. and filed on the 2nd. One of the witnesses that signed the deed is also one of the lot owners. Deed was issued to a trucking company that she owns. Tax Collector says the property is ours because it was dedicated from our subdivision. His lot is much, much bigger in size. First question how do you reverse a fraudulent quit claim deed? Is it a real problem when it comes to selling down the road. Property owner next door has a copy of the city ordin. that refers to the vacated lot as being divided between the "Respective adjoining property owners". Property appraiser says that us. Lawyer says that's us. How do we get the erroneous deed off our records? (Quite Title law Suit expensive).

Thank You for any feedback.  

Answer
If you want it done right, the Quiet Title is the way to go. Otherwise, you will have problems later on, especially if you ever want to sell your property. You could go to a title company and ask them how you could clear the the fraudulent document from you title (as if you really don't know) and they would probably tell you what they could do and at what kind of fee.

I do wish you well.

Dick Dennis