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Interesting discovery, real estate question #8086940
02/26/24 08:05 PM
02/26/24 08:05 PM
Joined: Jan 2007
Posts: 25,570
Georgia
warrior Offline OP
trapper
warrior  Offline OP
trapper

Joined: Jan 2007
Posts: 25,570
Georgia
Just spotted a parcel of land for sale back in my old stomping grounds. Actually lived on the place for a time.

One of the river camps some twenty plus years ago. I rented a place from a fellow in the camp. It was all family in the camp save for a couple of us. As was the nature of those family camps it was kind of clannish and if you didn't bow to the king, well I'm sure y'all understand.

Anyway I moved to a better place downriver and just chalked that bunch as kind of odd and inbred. Now a couple three moves and whole nother state later.

Now I see a parcel map proposed to sell off 7-8 acres split off from a larger parcel. Buyer to pay survey.

But the kicker the seller, name seemed familiar, claims the rowdy neighbors have built sheds, parked cars and equipment on his land and refused to stop and move their junk.

Parcel looks familiar.

Yup, turns out my former landlord did not own most of "his" camp. Heck, if the plat is to be believed he didn't even own the house I rented. He is actually totally landlocked. Or I should say was as he's long since dead and I assume his heirs now run the place. Though his name is still on the tax books for the landlocked parcels he did own.

Price is decent at 50k for 1500' water frontage, paved boat ramp, at least two dock, one boat house, one two bedroom one bath on the high side of the camp away from the flood plain. I do know it has a septic to code as that was done during my tenecy. It also has one large pavillion and boat shed plus various carport sheds according to memory. Oh and county road, water and power on the site.

So I'm not really interested other than just seeing what kind of can of worms could be opened and sticking a thumb in the eye of some folks I really didn't care for.

Just how would one go about establishing clear title to a parcel that has been under adverse possession for at least thirty years if not longer?

Last edited by warrior; 02/26/24 08:05 PM.

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Re: Interesting discovery, real estate question [Re: warrior] #8086944
02/26/24 08:07 PM
02/26/24 08:07 PM
Joined: Jan 2007
Posts: 25,570
Georgia
warrior Offline OP
trapper
warrior  Offline OP
trapper

Joined: Jan 2007
Posts: 25,570
Georgia
BTW, in Alabama seven years is the time frame in matters real estate.


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Re: Interesting discovery, real estate question [Re: warrior] #8086946
02/26/24 08:10 PM
02/26/24 08:10 PM
Joined: Dec 2006
Posts: 17,605
Rodney,Ohio
SNIPERBBB Offline
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SNIPERBBB  Offline
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Joined: Dec 2006
Posts: 17,605
Rodney,Ohio
Think I would have a really good real estate lawyer and surveyor if you were serious about it.

Re: Interesting discovery, real estate question [Re: warrior] #8086997
02/26/24 08:59 PM
02/26/24 08:59 PM
Joined: Jul 2022
Posts: 1,016
Va
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Spike369 Offline
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Spike369  Offline
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Joined: Jul 2022
Posts: 1,016
Va
And a lot of money. You will forever have trouble with the neighbors you can count on it. I'd pass and find something not so controversial!

Re: Interesting discovery, real estate question [Re: warrior] #8087009
02/26/24 09:09 PM
02/26/24 09:09 PM
Joined: Jan 2007
Posts: 25,570
Georgia
warrior Offline OP
trapper
warrior  Offline OP
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Joined: Jan 2007
Posts: 25,570
Georgia
To me the only thing of value was the river bend a couple hundred yards up river. Just the right combination of bluff bank, rock bottom, under water bluff with mud flat on top plus current that was good for several hundred pounds of catfish per month.

But since Alabama done gone and changed their trotline rules and put in a size limit those days are long gone.


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Re: Interesting discovery, real estate question [Re: warrior] #8087046
02/26/24 09:44 PM
02/26/24 09:44 PM
Joined: Jan 2008
Posts: 9,188
Alaska and Washington State
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waggler Offline
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Alaska and Washington State
So you're saying that the piece you want has a clouded title?

If so, enter into a purchase and sale agreement, have the escrow get an ALTA extended title policy. If it flies by the title company okay, and they guarantee title, then close the deal. If any issues arise later regarding the title, then the title company will have to straighten it out.

Regarding adverse possession; States have different laws about it, but generally the clock countdown starts once the adverse possession becomes "open and notorious". That is, once both sides are aware of the issue, it's only then that the clock starts ticking, whether it be seven years, ten years, or whatever.

A fence or what was thought was a common property line only becomes an issue once both parties know about the problem. Talk to a local real estate attorney.


"My life is better than your vacation"
Re: Interesting discovery, real estate question [Re: waggler] #8087066
02/26/24 10:21 PM
02/26/24 10:21 PM
Joined: Dec 2011
Posts: 10,338
MT
S
snowy Offline
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snowy  Offline
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Joined: Dec 2011
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MT
Originally Posted by waggler
So you're saying that the piece you want has a clouded title?

If so, enter into a purchase and sale agreement, have the escrow get an ALTA extended title policy. If it flies by the title company okay, and they guarantee title, then close the deal. If any issues arise later regarding the title, then the title company will have to straighten it out.

Regarding adverse possession; States have different laws about it, but generally the clock countdown starts once the adverse possession becomes "open and notorious". That is, once both sides are aware of the issue, it's only then that the clock starts ticking, whether it be seven years, ten years, or whatever.

A fence or what was thought was a common property line only becomes an issue once both parties know about the problem. Talk to a local real estate attorney.

^ this is great advice, and this is what needs to be done. If it were me and totally interested, I would go through with it and buy it.


Give me a fish, I will eat for a day. Teach me to fish, I will eat for a lifetime
Re: Interesting discovery, real estate question [Re: waggler] #8087072
02/26/24 10:27 PM
02/26/24 10:27 PM
Joined: Jan 2007
Posts: 25,570
Georgia
warrior Offline OP
trapper
warrior  Offline OP
trapper

Joined: Jan 2007
Posts: 25,570
Georgia
Originally Posted by waggler
So you're saying that the piece you want has a clouded title?

If so, enter into a purchase and sale agreement, have the escrow get an ALTA extended title policy. If it flies by the title company okay, and they guarantee title, then close the deal. If any issues arise later regarding the title, then the title company will have to straighten it out.

Regarding adverse possession; States have different laws about it, but generally the clock countdown starts once the adverse possession becomes "open and notorious". That is, once both sides are aware of the issue, it's only then that the clock starts ticking, whether it be seven years, ten years, or whatever.

A fence or what was thought was a common property line only becomes an issue once both parties know about the problem. Talk to a local real estate attorney.


So the open and notorious would have been known to the seller at least twenty years ago. Can he sell the property now? With clear title? Or would he have to resolve the issue prior to sale? The buyer's responsibility knowing their is current adverse possession?

I assume yes to selling the property but since disclosure has been made the buyer would need to immediately take possession and start the process of eviction.

Again I'm not really interested just wondering how a transaction like this would play out. I'm quite sure that no matter how sweet the price of purchase there would be additional costs to take full possession.


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Re: Interesting discovery, real estate question [Re: warrior] #8087076
02/26/24 10:35 PM
02/26/24 10:35 PM
Joined: Feb 2020
Posts: 8,927
Indiana
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Providence Farm Offline
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Beyond cost the headache of the problem people would about require me to be paid to take the property.

Re: Interesting discovery, real estate question [Re: warrior] #8087078
02/26/24 10:38 PM
02/26/24 10:38 PM
Joined: Dec 2011
Posts: 10,338
MT
S
snowy Offline
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snowy  Offline
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MT
The title Company would have a detail document of all liens, owners, easements ect, ect, and total history of that land. The seller would have to make things right before you want to legally take ownership. The Title Ins. will let you know everything you need to know including the true owner and due taxes everything. That is why you want the Title Company to do the search. They are bonded if they aren't correct on their findings and are liable for all transactions their after.

You need to sign a buy/sell agreement pending Title Search come clean before you make the transaction.


Give me a fish, I will eat for a day. Teach me to fish, I will eat for a lifetime
Re: Interesting discovery, real estate question [Re: warrior] #8087088
02/26/24 10:53 PM
02/26/24 10:53 PM
Joined: Jan 2007
Posts: 25,570
Georgia
warrior Offline OP
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warrior  Offline OP
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Posts: 25,570
Georgia
So if I'm understanding this correctly the title company identifies all possible issues with title then the seller is obligated to resolve all of them if he wishes to sell.

So he sends the squatters a cease and desist, the sheriff and it may go to court before it is finally resolved and he may lose.

Sounds like he is just trying to get shed of a problem.

I knew the guy, not well, but he has twenty or so total acres mostly linear along the river. He lives on the other end with nothing but heavily wooded bluff between him and the camp. During my time there he was known as a touchy neighbor. I got along with him but he was known as someone not to be messed with.


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Re: Interesting discovery, real estate question [Re: warrior] #8087094
02/26/24 10:59 PM
02/26/24 10:59 PM
Joined: Dec 2011
Posts: 10,338
MT
S
snowy Offline
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MT
Originally Posted by warrior
So if I'm understanding this correctly the title company identifies all possible issues with title then the seller is obligated to resolve all of them if he wishes to sell.

So he sends the squatters a cease and desist, the sheriff and it may go to court before it is finally resolved and he may lose.

Sounds like he is just trying to get shed of a problem.

I knew the guy, not well, but he has twenty or so total acres mostly linear along the river. He lives on the other end with nothing but heavily wooded bluff between him and the camp. During my time there he was known as a touchy neighbor. I got along with him but he was known as someone not to be messed with.

Yes, the buy/sell agreement all weighs on Title Companies and their finding of that land. If there is one thing that is in their finding that you/lawyer see an issue with you can walk away unless he clears all these issues up and it is to your satisfaction.


Give me a fish, I will eat for a day. Teach me to fish, I will eat for a lifetime
Re: Interesting discovery, real estate question [Re: warrior] #8087108
02/26/24 11:30 PM
02/26/24 11:30 PM
Joined: Jan 2007
Posts: 25,570
Georgia
warrior Offline OP
trapper
warrior  Offline OP
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Joined: Jan 2007
Posts: 25,570
Georgia
Here's the listing.

https://www.facebook.com/marketplace/item/256240420135000/

Some photos from the listing.

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I rented the house on the right that you can see the front porch. That hill is steeper than it looks. You need a running start to get up it. I lost both a transmission and a Ford straight six on that hill.

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It's the green strip in question. The house I rented may or may not be part of it depending on survey. County plat map has it on the sellers but the county tax description does not list it so who knows. I do know these river lots are highly inaccurate on the county rolls as my father was an appraiser for the county and these river lots were rarely if ever visited for a reval.

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This is pretty much how I remember it except the wooden Pavillion that sat in the middle is gone. Probably lost in a flood as I've seen water in those houses.
I would guess property line is along the fronts of those houses.

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Re: Interesting discovery, real estate question [Re: warrior] #8087109
02/26/24 11:33 PM
02/26/24 11:33 PM
Joined: Jan 2007
Posts: 25,570
Georgia
warrior Offline OP
trapper
warrior  Offline OP
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Joined: Jan 2007
Posts: 25,570
Georgia
BTW, neither the school bus nor mail ran to the end of the road. Both were a mile up the road. Up that hill then down the ridge top. The ridge sits in a narrow bend of the river, at one point you can almost see the river on both sides 125' foot down.


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