Ask Me Help Desk - Who owns the alley?

Quote:

Originally Posted by ScottGem

The key here is to establish ownership. Whether by deed or tax records. If the county does not list the neighbor as the owner, then the neighbor will have to show documentation that he controls the property. If he has not been paying taxes on the property, and he claims ownership or control, he may find himself with a whopping tax bill.

This is what I was thinking.

Quote:

Originally Posted by jmjoseph

I agree. But they'll have to pay for the company to do the research, in public records. It should only cost the OP the cost of copies. Less than $5.00 usually. But they will have the title co.in their corner.

Yes, it would cost a bit more than getting the copies himself. But one of the advantages of using the title company is that they will get everything that applies and will give an insurable opinion on ownership. The OP may not know exactly what to look for, may not recognize which documents apply and may not know what they mean relative to his situation. As a surveyor you would know. As an attorney I would know. The title company will certainly know.

Another factor is that using a title company will clear the OP's title. What value is a piece of property for residential purposes if you can't show a prospective purchaser that you have a valid legal claim to easements for utilities? I would think of the cost of this title search as an investment. In fact, as cautious as I am, I would even consider buying a title insurance policy just for that issue.

Quote:

Originally Posted by LisaB4657

Yes, it would cost a bit more than getting the copies himself. But one of the advantages of using the title company is that they will get everything that applies and will give an insurable opinion on ownership. The OP may not know exactly what to look for, may not recognize which documents apply and may not know what they mean relative to his situation. As a surveyor you would know. As an attorney I would know. The title company will certainly know.

Another factor is that using a title company will clear the OP's title. What value is a piece of property for residential purposes if you can't show a prospective purchaser that you have a valid legal claim to easements for utilities? I would think of the cost of this title search as an investment. In fact, as cautious as I am, I would even consider buying a title insurance policy just for that issue.

I agree. It would be a good investment for the OP to make. I just hope that it's not one of those areas that have shoddy, incomplete, records .

Quote:

Originally Posted by jmjoseph

I agree. It would be a good investment for the OP to make. I just hope that it's not one of those areas that have shoddy, incomplete, records .

I hope so too. But if you have a title insurance policy then it doesn't matter how shoddy and incomplete those records are, right? :) Buying the policy makes it the title company's problem instead of the OP's problem.