@ScottGem...
The property description says it goes towards the creek and gives the footage. The "towards the creek" was BEFORE the Corp of Engineers moved it. The courthouse (probate court records department) actually has the records of the Corp of Engineers moving the creek and even has diagrams.

I forgot...
"So, to summarize, the city has actually done nothing to actually possess the litorial (stream-side land) on your side, right? Such acts of possession would be necessary for them to establish adverse possession." - That's correct! There is NO record that the city took the land for right of way, has title to the land, NOTHING!

@Fr_Chuck...
It has the property size in feet and uses the terms "towards the creek", etc. We know "towards the creek" because the Corp of Engineers had very good records and recorded them all in probate court.

I'm trying to find an attorney who does real estate law now but I want one that's NOT in my area since this involves a city.

Also, the city wasn't established until the late 1970's AFTER my parents purchased the land.

So, in summary, the piece of land on OP's side of the creek is in the late grandmother's name, and the city is saying that it owns it. However it has done nothing to actually possess it.

AlabamaRaptor, I suggest that, first, you figure out who are your grandmother's heirs, and pursue what court action is necessary to get title transferred to you from your grandmother. This might involve quitclaims from her other heirs (if necessary), and possibly re-opening her probate case (if one was ever opened in the first pace).

Then, or perhaps as part of the same action, you could name the city as a defendant, so as to quiet title. I don't see how the city even has an arguable claim, of the record is as you portray it. The only possible issue would involve title to the portions of land which were on their side before the Corps relocated the stream. And as someone else has recently pointed out, adverse possession doesn't work against the government. I understand that the city wasn't established until 1970, but the city stands in the shoes of whoever or whatever owned the land before then.

Thanks AK_lawyer! Someone suggested to me that I get all my research done and then just approach the city counsel after it's in my name (the heir issue is the easiest since my parents bought it legally but the title was just never put in their name; bought it, using it, and paying taxes on it... since 1975) and have them make me an offer for it or even to have the title insurance company settle it *if* they (the city) bought title insurance for the land the park is on. I am a city employee of this city but only part-time so I don't want to cause a problem.

Good luck and keep us posted. Like to know how this comes out.

Quote:

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Originally Posted by AlabamaRaptor

Thanks AK_lawyer! Someone suggested to me that I get all my research done and then just approach the city counsel after it's in my name (the heir issue is the easiest since my parents bought it legally but the title was just never put in their name; bought it, using it, and paying taxes on it... since 1975) and have them make me an offer for it or even to have the title insurance company settle it *if* they (the city) bought title insurance for the land the park is on. I am a city employee of this city but only part-time so I don't want to cause a problem.

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Yes, you could approach the city council and seek a settlement. But does the city have a need for the land? If they have never used it before, why would they want it now?

Yes they use it! It has a very active baseball fields on it that are used EVERYDAY for practices and games!!

3 baseball fields to be exact! It was re-designed a few years ago and everything is still in very good condition!

Will do!