Posted by soder33 on March 21, 2012 at 08:06:30 from (156.98.4.11):
In Reply to: Survey??? posted by SJ on March 20, 2012 at 13:50:57:
Sorry I didn't see this sooner. First, I am a land survey in another state, so I don't know the laws in New York. A common agreed boundary will not work, since this is a gap area. I take it that the gap came about because of two different points of beginning. I see two ways to clear this up, depending on what you or your lawyer discover. In my state, we would start by doing research at the county courthouse. You would need to see if the original grantor or grantors of theses lots were still alive or if any heirs could be located. Then a quick claim deed could be drawn giving you title to the land. If after a diligient search no one could be found, you would have your lawyer start a quiet title action to get ownership of this gap area. All this takes time, which you say you don't have. I once bought a piece of property with title issues and the seller put $10,000 into escrow to clear up the title. Maybe your buying would agree to this if you have a plan in place to clear it up. Hope you have good luck with this and let me know how it turns out. I am always interested in ways to stay out of court and save clients money.
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