Legal Question in Real Estate Law in Kentucky

Deed and surveying discrepancy

Last year I purchased some land from a family member. The land and its boundaries were surveyed and the deed has been written and recorded. However, now one of the neighboring land owners has had his land surveyed and says that part of the land recorded as mine should be on his deed. It is not listed on his deed now, but he says that a deed from many many years ago listed it as his property. Therefore, he wants it back. He did not bring up this discrepancy when I originally had the land surveyed and when I had the deed drawn up. I want to know if he can just take the land back because he wants it and because a very old deed had it listed? What can I do to keep this property?


Asked on 4/06/03, 9:51 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Deed and surveying discrepancy

This type of question cannot be fully answered here due to several factors that must be considered. In such cases, local counsel, who is familiar with real estate in the area would be the best source. That all being said, your neighbor needs to show you why he is claiming the property. Whose chain of title is the oldest? Did the property come from a common grantor? Did your surveyor make a mistake? Where there any natural monuments (markers) in yours and your neighbor's description. What type of descrepancy is there between the lines? Does your deed match the chain of title? Was it prepared correctly? What was the relationship between your immediate grantor and the neighbors? I can think of a list of questions that could go on forever. Your best answers can only come from local counsel.

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Answered on 4/07/03, 7:55 am


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