Land Titles
William Easter - Tue Dec 17, 2013 @ 04:20PM
Comments: 3

Property owners are mostly pretty smart people,but when it comes to Land Titles,most are more in touch with what their car titles describe than what their deed describes.

We run into these situations,all time,a person buys a piece of property without getting a survey.Based on a description that was created  10 owners back in time,the deed has no bearings or distances,calls for adjoiners lines.rocks,trees,stumps etc for the corners.Has exceptions at the end of the deed of small parcels that were sold out of this description,with no description on these tracts as well. 

The new owner now wants are now needs a survey because they want to erect a fence,etc.and are in a dispute with their new neighbors as to the location of the boundary.they really don't have a clue as to the boundary,since they only know what the realtor pointed out to them.and all the realtor knew was what was on a tax map,and what the previous owner pointed out.

My point here is if there is a boundary and title problem with a piece of property,right now it is the problem of the current owner,but once you purchase the property it becomes your problem. (Buyor beware)  over the years, we have encountered problems with boundaries such as homes built on the wrong lot,homes half way across the property line.Bad titles where the new owners title is invalid.land owners cutting trees belonging to other property owners.which can get expensive.

Titles of land need to be retraced  back to the beginning of when this particular tract was created to know the real story of the Title and the boundary.In some cases two or more people have a deed to the same piece of property. The previous owner in title cannot sell something he does not own,no matter how many deeds they convey or how much time goes by.

                                                           

                                                                    The Ideal Title Opinion

A New Orleans Lawyer sought an FHA loan for a client.He was told  it would be granted if he could prove satisfactory title to a parcel of property being offered as collateral.The title to the property dated back to 1803,which took the Lawyer 3 months to track down.After sending the information to the FHA,he received the following reply (actual letter)

"Upon review of your letter  that adjoins your clients application,we note that the request is supported by an abstract of title.

While we compliment the able manner in which you have prepared and presented the application,we must point out to you

That you have only cleared title to the proposed collateral property back to 1803.Before approval can be accorded,it will be necessary to clear the title back to its orgin.Annoyed,the lawyer responded as follows (actual letter)

"Your letter regarding title case No. 189156 has been received.I note that you wish to have title extended further than the 194 years

Covered by the present application.I was unaware that any educated person in this country,particularly those working in the property area,would not know that Louisiana was purchased by the U.S. From France in 1803,the year of orgin identified in our application.

"For the edification of the uninformed  FHA bureaucrats,the title of the land prior to U.S. Ownership was obtained from France,which Had acquired it by right of conquest from Spain.

"The land came into possession of Spain by right of discovery made in the year 1492 by a Sea Captain name Christopher Columbus,

Who had been granted the privilege of seeking a new route to India by the then reigning monarch,Isabella. The good queen,being a 

Pious woman and careful about titles,almost as much as the FHA,took the precaution of securing the blessing of the Pope before she sold her jewels to fund The Columbus expedition .

Now the Pope,as I'm sure you know,is the emissary of Jesus Christ,The son of God. and God it is commonly accepted,created this world.

"Therefore,I believe it is safe to presume that he also made that part of the world called Louisiana.He therefore would be the owner of

Orgin.I hope to hell you find his original claim satisfactory. Now, may we have our loan?

They got the loan



Comments: 3

Comments

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