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AlabamaRaptor · Mar 16, 2011, 07:15 AM

I just purchased my mom and dad's property that I grew up on from the guy that they sold it to. He promised to sell it back to the family if he ever sold it and he did. During the title search it was discovered that all of the 1.95 acres didn't belong to my parents. They bought one acre from my grandmother in 1975 but both my parents and my grandmother thought my parents bought the entire 1.95 acres. Turns out that she still held the deed to the .95 acres but both my parents and the person they sold the property to paid the taxes on the .95 as well as the 1 acre of land. My grandmother is past away and my dad had 6 brothers and sisters (half now past away). The "closing person" said I would get a Quit Claim Deed to the .95 acres and a Warranty Deed to the 1 acre but that I need to do a Bill to Quiet Title as soon as possible. I want to do this myself to save money. Would I just need to file the Bill to Quiet Title with the Circuit Clerk and attach the tax records showing that my parents and the person I bought the property from have been paying the taxes on it since 1975?

joypulv · Mar 16, 2011, 07:27 AM

I think you will need a copy of the will as well (possibly even a death certificate), but I would ask the Deed Office. If it's a small town it might be combined with tax collector and assessor. Having a friendly chat in person can work wonders sometimes, getting around Catch 22s. It doesn't hinge so much on who paid taxes but who the heirs were.

AlabamaRaptor · Mar 16, 2011, 07:38 AM

She had no will! In fact, when she died she didn't have any assets... so I thought! Now there are 4 of her children left and numerous nieces and nephews.

joypulv · Mar 16, 2011, 09:56 AM

If this was all because of a typo on the deed, then try for quiet title. Anything else I would want to do the honorable thing by the others.

Her children (depending on your state law of intestate distribution) should have received equal shares if it wasn't just a mistake. You would owe the 4 survivors fair market value, or even the 4 + the children of the deceased 3 split further, with you and your siblings getting shares of 1/7. I realize that is pennies, since it would be FMV on just half the land only, and at 1975 value. You can get mired further wanting 'credit' for taxes paid since 1975, since your parents were using the property AND sold it.

I hope I'm not muddling this, but you never know what relatives will do if they hear about something like this, even if it wasn't worth much. Just go ask what the town needs.

AlabamaRaptor · Mar 16, 2011, 10:21 AM

Thank you! It was an honest mistake. In fact my mother is trying to find the original bill of sale in hopes that it would have the size on it. Everyone in the family even thinks they parents owned it because my grandmother told them she sold it to my parents so it's a mistake. I'm just trying to correct the mistake.