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Posted Dec 27th, 2011
How do we handle discovery of an overlapping deed?

Additional Details:
I have POA for my aunt. She, along with her neighbor, owns a 5 acre pond adjacent to their
residences. The neighbor sold his residence along with his share of the pond. After about a year, I
discovered that the new deed did not mention 50% ownership. The county is now sending the tax bill
to the new owner and does not show my aunt as an owner. How should we handle this? The previous
deed did show both as owners.
Legal Topic Area: Real Estate in NC

This is probably a title insurance issue. Find out if your Aunt received title insurance when she bought the property. Contact them and make a claim and they will pursue the matter on her behalf to help clear the title. Based on your facts, the neighbors has what's called " of title" to your Aunt's 50% of the pond. If that is not corrected, then after 7 years the neighbor could file for Adverse Possession of her share. This is probably an easy fix and just an honest mistake by the attorney that closed the neighbors sale, but it is better to take care of it now while you can.


Answered on Jan 11th, 2012 at 1:38pm