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About CD DODSON
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Property managment and disposal of property. Experience with Navy, Coast Guard and Airforce, VA, HUD, FREDDIE MAC Experience with Bank property.

 
   

You are here:  Experts > Science > U.S. Gov Info/Resources > Public Property Management > Real Property Title

Public Property Management - Real Property Title


Expert: CD DODSON - 4/11/2000

Question
Dear Cathleen--this is essentially a procedural question.  Since the DAR and governmental agencies have been attempting to track title to property granted to soldiers and similar claims, we have located a likely claim within the family, in what is a national forest if we have determined correctly, and need to know how to establish title.  Would a Petition to Determine Title (or possibly Quiet Title) filed in the proper county be the accepted procedural action?  Would it be an adversarial, that is Petitioner/Respondent action, or just re: the action.  Any help you can give would be greatly appreciated.  The county court is unable to find (or is unwilling to provide),any data regarding ownership, taxes paid, and similar deed information.  Thank you.

Answer
Would a Petition to Determine Title (or possibly Quiet Title) filed in the proper county be the accepted procedural action? Would it be an adversarial, that is Petitioner/Respondent action, or just re: the action.

i want you to refer this question to someone on the law side of experts.com. i am not an attorney,  If i could not be there i would do it if i felt there was something to gain.



i'm  just knowledgeable in certain areas due to experience.  an individual files a deed, contract, interest in property in the land court to give constructive notice to the public. the only saying is first to record is first to right. the validity of title is in question when someone doesn't give notice to the public, but its up to the courts to determine the ownership because there is a cloud on the title.  also, land can sometimes stay on the books, lost, without payment of taxes from error. you must file in the land court that is within the jurisdiction of the property.  i am not sure if you said you personally did a search yourself. you can you know. go to the courthouse and search the title back to see who has ownership or had.  its also public information to know who is paying the taxes on the property.  you may not be able to gain title to the land even if you had title in the past.  sometimes the government captures land due to no response to notice in the a newspaper and rights were extinguished. so do the cheap stuff first. search the title yourself. then if you find that your family member was indeed an owner then how was the land acquired by the government?  was sufficient notice given? was sufficient money paid? was land taken in a police law action. cathy dodson

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