SWMO
Feb 8, 2008, 03:24 PM
I'm in need of the format for a quite title petition for Cobb Co Georgia. Where can I get an outline or format to file this action from out of state? Any and all help is greatly appreciated.
My Grandmother bought a home, title transferred, in 1968, and lived there until her death in 1994. In 1971 the current neighbor to the north bought he home. Over the years, as neighbors we mowed "to the line", planted trees "on the line" and acknowledged the existing pins that were in the gorund from the developer. Upon my Grandmother's death we (the heirs) agreed to sell the property (as dictated in my Grandmother's will) to this neighbor. During this time we discovered that the legal description of our lot, the neighbor to the north and the next two lots were incorrect. Our legal description starts at the south line of our north neighbor. Our lot being 200 x 100 x 200 X 100 to the starting point. Typical so far except, the northern neighbor's legal description starts on a land lot line 100 x 200 x 100 x 200. The reality is that the land lot line is 20 feet south of the common property line between these two properties. To further complicate the issue, this 20 foot descripance put the land lot line and the "described" line in the structure.
We have over the last 13 years leared that the next two properties to the north have the same issues. In fact they knew about in 1977 and failed to tell anyone else about it. We ( the heirs) have hired a dozen or so attorneys to help resolve this and most all could not get all the parties to communicate and consider a resoluation. Meanwhile, my Grandmother's will is still tied up in probate.
In 2006 I was given the opportunity to work on this from the Exec of the Estate. I have met with all parties and explained that: 1. The problem is simply an error in the description of each property. 2. No land has disappeared. 3. That all parties can keep what they have maintained for the last 40 years. While all parties agreed at first, now 1 person think she is losing something because her deed states that she has 250 feet of road frontage and now she will only have 230 feet of frontage. ALTHOUGH SHE HAS NEVER MAINTAINED 250 FEET OF FRONTAGE. This causes the next two neighbors to not settle.
Over the years we have offerd to pruchase the 20 feet at a reasonable rate. We offered to quit claim 12 feet to our neighbor, keeping 8 feet to get the line out of the structure. All to no avail. Each of the other neighbor have no pending interest in resolveing the issue as we do to uphold my Grandmother's wishes. So after 13 years and many 1000's of dollars we are no closer to getting a resoluation. January 8th I mail the neighbors certified letters stating that we really need to get this resolved and asking each to respond with in 30 of the receipt. Feb 14 will be the month.
I have contacted 4 attorneys about filing the quite title and have received prices from 4,500.00 to 15,000.00 to file the petition. I can't believe that it cost so much to file a motion, that they each have done prior, asking for a special master to be appointed to resolve the issue(s).
It has been explained to me that the Speical Master is a court appointed arbitrator that will summon all parties, sort through the facts, make an opinion and forward it to the judge. The judges decision, nearly always the special master's, will amend the titles and descriptions thus giving all parties marketable title to their property.
Any and all help greatly appreciated.
My Grandmother bought a home, title transferred, in 1968, and lived there until her death in 1994. In 1971 the current neighbor to the north bought he home. Over the years, as neighbors we mowed "to the line", planted trees "on the line" and acknowledged the existing pins that were in the gorund from the developer. Upon my Grandmother's death we (the heirs) agreed to sell the property (as dictated in my Grandmother's will) to this neighbor. During this time we discovered that the legal description of our lot, the neighbor to the north and the next two lots were incorrect. Our legal description starts at the south line of our north neighbor. Our lot being 200 x 100 x 200 X 100 to the starting point. Typical so far except, the northern neighbor's legal description starts on a land lot line 100 x 200 x 100 x 200. The reality is that the land lot line is 20 feet south of the common property line between these two properties. To further complicate the issue, this 20 foot descripance put the land lot line and the "described" line in the structure.
We have over the last 13 years leared that the next two properties to the north have the same issues. In fact they knew about in 1977 and failed to tell anyone else about it. We ( the heirs) have hired a dozen or so attorneys to help resolve this and most all could not get all the parties to communicate and consider a resoluation. Meanwhile, my Grandmother's will is still tied up in probate.
In 2006 I was given the opportunity to work on this from the Exec of the Estate. I have met with all parties and explained that: 1. The problem is simply an error in the description of each property. 2. No land has disappeared. 3. That all parties can keep what they have maintained for the last 40 years. While all parties agreed at first, now 1 person think she is losing something because her deed states that she has 250 feet of road frontage and now she will only have 230 feet of frontage. ALTHOUGH SHE HAS NEVER MAINTAINED 250 FEET OF FRONTAGE. This causes the next two neighbors to not settle.
Over the years we have offerd to pruchase the 20 feet at a reasonable rate. We offered to quit claim 12 feet to our neighbor, keeping 8 feet to get the line out of the structure. All to no avail. Each of the other neighbor have no pending interest in resolveing the issue as we do to uphold my Grandmother's wishes. So after 13 years and many 1000's of dollars we are no closer to getting a resoluation. January 8th I mail the neighbors certified letters stating that we really need to get this resolved and asking each to respond with in 30 of the receipt. Feb 14 will be the month.
I have contacted 4 attorneys about filing the quite title and have received prices from 4,500.00 to 15,000.00 to file the petition. I can't believe that it cost so much to file a motion, that they each have done prior, asking for a special master to be appointed to resolve the issue(s).
It has been explained to me that the Speical Master is a court appointed arbitrator that will summon all parties, sort through the facts, make an opinion and forward it to the judge. The judges decision, nearly always the special master's, will amend the titles and descriptions thus giving all parties marketable title to their property.
Any and all help greatly appreciated.