Hampton Topics: Survey?

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	Name:	Harborcon -
	Subject:	Survey?
	Date:	8/14/2006 4:41:12 PM

Thanks so much to all of you who responded. Sadly, there is no title insurance. We can't even find the survey. A long and convoluted (though interesting) story. Two couples bought this property in 1979. Both have since divorced, one remarried, and I was offered the remaining share. Our neighbor just cleared the area of his property immediately adjacent to our cabin to move in a double-wide for his in-laws and he and we were trying to find the property lines to be sure he didn't encroach. That's when I checked the tax map on line and discovered our 198 front feet of lake was listed there as only 98 feet. I went to the Tallapoosa County Courthouse and traced the deeds back to the early 1950's. When the person who sold it to us in 1979, he had it surveyed to correct "bad calls" in the previous deeds, and our deed reflects that the property description is taken from a survey prepared by Ralph Hays, registered land surveyor. I managed to track down the original file on that sale, but the survey itself is not in the file, and was never recorded at the Tallapoosa County Courthouse. The two couples never even knew a survey had been prepared, and none of them ever thought to ask for it or to get title insurance. Because the seller held the mortgage, there was no bank to require a survey. I know how stick this situation can be and, while I've never been involved in a property line dispute, I've been a paralegal for almost 30 years (have heard all the lawyer jokes, thanks; even told a few) and realize we must clarify this with the County. I will begin to contact the surveyors and thank you all again, very, very much. I'll let y'all know how this turns out.

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