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bjo110

Deed/Survey mistake

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I recently bought a new house on a small piece of land. The company who sold it has now realized that there was a mistake when surveying the land which makes the deed incorrect, for what they were meaning. It has already been signed for, by both parties, and first payment has been made. The deed has been filed with the court house and the company is wanting us to come in to sign a new deed which is also including an easement. Do we have to sign the new deed and give them the land back? Please need advice for a new homeowner. 

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The buyer doesn't sign the deed.  The deed is signed by the seller.  We may be able to offer more input if you better explain what the surveying mistake was and why the deed is incorrect.

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The seller has contacted me saying that the deed that was originally signed stated the wrong land measurements and amount of land that was supposed to be bought. They said I need to come in to sign a new deed that represents less land than the original deed that was signed. It has been seen by an attorney and she said that it is stating we apparently own more land than what we expected. I need to know my options and if it is possible that since both parties signed for that originally, if we are legally allowed to keep the entire piece of land instead of signing a new deed giving them that land which they messed up on from before.

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Did you buy an Owner's Title Policy when you bought the property?

 

If yes, contact the title insurance company immediately and report this to them before you do anything. There will be a claims phone number in your policy papers.

 

If you did not buy an Owner's Title Policy I suggest you hire yourself a real estate attorney to handle this for you as you may be entitled to either rescind the purchase or get some money back as a result of the error.

 

 

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I have not bought an Owners Title Policy. What are my options as for signing a new deed. Can they take it back now that they have messed up even though I have bought it and it is after all papers have been signed and submitted through the court house?

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2 hours ago, hkj110 said:

The seller . . . said I need to come in to sign a new deed that represents less land than the original deed that was signed.

 

Again, buyers don't sign deeds.  Sellers sign deeds.  It sounds to me like, as a practical matter, you got what you expected to get but that the deed contains a clerical error that resulted in you legally getting more than you intended to buy and than the seller intended to sell.  If that's the case, correcting this should be a simple process, and you probably will need to sign something.  You're not going to get to keep something extra just because someone made a clerical error.  If you don't cooperate, you'll likely get sued and likely will lose and may have to pay the seller's attorneys' fees.  Whether the thing the seller is asking you to sign is an appropriate thing to fix this obviously isn't something anyone can determine without reading the document.  I suggest you consult with a local real estate attorney for advice.

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