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ASawyer · Dec 4, 2007, 08:13 PM

I live in a community of 6 homes. One person owned the entire property and subdivided the parcel into the 6 lots. The road into the neighborhood has been a private room for over 20 years. Now the current homeowners in the community want the county to pave and maintain the road. It will increase our taxes but all are in favor. The problem is that the county needs a free and clear deed for the road. The original owner is deceased and her property passed to her daughter who is also deceased with no heirs. So, there is no one to sign over the deed. Is a Quiet Title the right way to go? What should I look out for? I am a legal assistant but real estate is not my area and have done little probate. Is this that hard? Thanks.
Angie

excon · Dec 5, 2007, 06:56 AM

Originally Posted by ASawyer

So, there is no one to sign over the deed. Is a Quiet Title the right way to go?

Hello Angie:

Nahhh, there's somebody. If there isn't an heir to a property, it just doesn't disappear. Somebody owns it. In this case, it may well be the state. I don't know. WHOMEVER owns it can sell it to you - but for sure - somebody owns it.

excon

ScottGem · Dec 5, 2007, 07:05 AM

So the original property was subdivided. Have ALL 6 lots been sold? If so, what property is there left for the original owner to own? Generally in a case like this, the road is partially on each homeowner's property. So you might just get a survey and see if that's the case.

By the way, have you investigated the cost of paving and maintaing the road on your own? You could enter into a contract with a paving contractor and split it among the 6 of you. That might be cheaper then the increase in taxes.