Deeds don’t match tax lot
I recently purchased a parcel at a county tax foreclosure auction.
I had it surveyed and the surveyor identified an area of the tax lot (we can fall it a 5 acre parcel) whose ownership he deemed “questionable”
It seems the deeds that identify the chain of ownership at some point get unclear and outright contradictory
I would like to hire someone who can read the 3 or 4 prior deeds and plot the land described on them.
The land is in NY.
Can someone help me?
The advice from the surveyor is his opinion about the title interest of your purchase.
Many times the person selling a property does not have complete ownership.
Different States handle tax sales and the guaranty of Title differently and the ownership of the land does not change the location of the boundarit's of the 5ac tract of land.
What you need is to have a qualified property attorney or a Title Company to offer a Title Opinion on the property.
The quickest and probably most affordable route would be to ask a Title Company for a Title Policy to the property and in their process they shoule be able yo find whether there are any other claims to the property.
The surveyor did his part and job to research the necessary recordings in order to locate the boundaries properly and in your case that showed that some more research is necessary for clear title ownership.
Surveyors do not guarantee ownership.
Normally, once a tax sale property has been owned several years and deeded to someone else at least once or twice, a title company will write a policy.
Most will convey to a trusting straw dog or associate and lawfully obtain full title by meeting claimant rights thru the test of process instead of costly legal action.
Option: if you are confident no one will ever challenge you, then look up the adverse possession statute in your state. Check with your attorney to make sure you are following the criteria, and after many years you will have a case for clear title action you can take to court pretty much unchallenged. If your predecessors in possession of the land were meeting those criteria the time could be shorter, but I don't know how the tax sale interacts with that.
I wouldn't do any more until the redemption period has passed, you probably already knew this if you are talking with title people, there is a period the land can be reclaimed by the delinquent owner. A quick search shows up to 4 years from the lien date in NY. There are many variables depending on location and notice to the length of this period.
Where in NY is the property? What county.
As others have noted, I suggest you get an Abstract of Title then have a surveyor review it.
Contact me direct and maybe I can be of help.
Duane Frymire, LS, EJD