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if my nabor has this quit clam deed and has no contact of actual sell of said property?

Posted on: 02nd Oct, 2008 08:46 am
i am in a land dispute with my nabor, about a peice of property that after a survey turns out to be mine, he has a easement to said property that amoung other things has a well on the property, all he got when he acquired this property was a quit clame deed. after futher research it seems that he built a home around a trailer and had not permits to do any building what so ever. now i had no servey or title search done when i bought this property just a hand shake form a person i thought was honnest. i understand that a quit claim deed is a document that says to the buyer that ill sell it to u but im not saying i own it. so this is what happened when (he) my nabor got this quit claim deed, it seems that joe sold to paul all the land he had here where i live in the year 2001. in 2002 joe gave a quit claim deed to ken when in fact he had sold all he (joe) had to paul in the year 2001. if ken had no land contact with joe to buy this property in 1993 can (they) joe and ken make out a legal contact after the fact? and would it be legally binding? when i got my servey i also sent it to a title company, and they said that when they looked at it, it seems that joe had no right to sell this property to ken when in fact he didnt own it, paul would have had to sell it to ken not joe. so what do i do now? i talked to a lawyer and he said this would cost me thousands for me to hire him to take this case to court, can i file a judgement in court and act as my own lawyer? and would it be wise to do so? i am not educated in real estate law, and ofcorse that go's without saying i dont know all the mombo jombo words it may or may not take to win in court!! (please help)
Hi timberhalk !

Welcome to Forums!

When Joe sold the property to Paul, he was not left with any rights to the property. It becomes Paul's property. Joe cannot sell the same property to anyone else. If Joe had not sold but quitclaimed the property to Paul, then too, Joe will have no rights to sell the property to Ken once again. It will be solely Paul's right whether he will sell it or not. If Joe has done this, then its illegal. I think both you have documents stating that Joe has given this property. Both of you can file a case against Joe. I believe it will be better if you appoint a lawyer to fight this case. And if the property was first given to Paul, then I think Paul will have the rights to the property.

Feel free to ask if you have further queries.

Sussane
Posted on: 02nd Oct, 2008 10:13 pm
I feel Joe is a fraud. He cannot sell the same property to two people. If the property had to be sold to Ken, Paul should have done it and not Joe. Though the chances are that Paul will win the case, but both of you should sue Joe first.
Posted on: 03rd Oct, 2008 01:01 am
i would like joshua heard to answer this question for me if he the lawyer then he should know
Posted on: 10th Oct, 2008 04:32 am
If you already spoke to an attorney, he probably gave you the best advice you can receive.
Posted on: 25th Oct, 2008 06:32 am
it figures that u would answer like that a lawyer never gives free advice!!!!!!!!!!!
Posted on: 06th Nov, 2008 04:10 am
Hi timberhalk!

I understand your situation. This is a sort of fraud that has happened with you. As you have said that you are not not well educated on the real estate laws, so it won't be wise for you to act as your own lawyer and fight the case. It will be better if you can the help of an lawyer who will be able to fight your case in the court. However, I would like to say that it would take some time to prove your point in the court. I think that is what your lawyer and Jheard had tried to say.

Thanks,

Jerry
Posted on: 07th Nov, 2008 01:27 am
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