1960 Bill purchase subject property, he is not the first owner of this parcel and its current configuration. The Warranty Deed is written bearing & distance on all sides, no calls to an existing fence along his south line or the creek on the west. Bill occupies and uses the land up to the fence and to the creek, which he assumes is his.
1997 Bill hires a local firm to survey his property. The local firm maps the fences, structures, and creek. The map also shows the deed to be 30 feet north of the fence on the south of his property and it does not follow the creek on the west. (again, the current deed does not call to either one of these). There is also an overlap in deeds on the west, which the surveyor monuments at all corners of the overlap. His home is divided by the deed line and thus a portion of the home is on land he doesnt own (according to the survey).
2001 Bill has a court sign off on a quiet title for the property between his deed line and the fence to the south and to a point which is purported to have been on the creek which has since dried up and been filled in with earth, and the overlap. Bill follows all state requirements for a quiet title, including notifying the adjacent property owners! He gains .5 acres with the quiet title.
2009 Jerrocop is hired to conduct a survey on the property to the west of Bill's property. In the process of the survey it is confirmed that the current deeds do not fit with the fences and creek and that there is an overlap. Further research into previous conveyances and the original deeds, that separated these parcels, discovert that thier were calls along the fence and along the creek. Also, the west property was conveyed earlier than bills property. A map is produced to show the occupation evidence, current deed lines, and as-surveyed lines which follow the original calls to and along the fence and creek, and the overlap favors the west parcel.
I hope this all makes sense.
Here's the question, what do you do with the quiet title?
Because of the quiet title action a portion of the south 30 feet (10'X30') belongs to Bill. But, the reason it belongs to bill is because he relied on the first survey for the location of his property lines, which did not consider earlier conveyances which would clear up where these lines should be. Earlier deeds call to the creek and along the fence AND the west property was conveyed before Bills from the larger original parcel (jr/sr). The location of the creek can not be determined by any evidence other than what is written in the deed.
Here's what i think, and what i've done. Even though I do not agree with the quiet title I have to hold it becasue it is a court action. Furthermore, the property owners were notified of the action and did not respond negatively to the action. I am monumenting the east line to include or recognize the quiet title and recommending that the owners challenge the quiet title in court.
What do you think?
