Legal Question in Real Estate Law in Maine

Warranty Deed Lists property line incorrectly

We have a Warranty deed that

mirrors the original deed issued to

the previous owners on Dec 8, 1975. Looking into it I have found another

deed (Aug 1, 1988) that modifies the

deed. The first deed lists a right of

way and the 2nd does not. Which

deed takes precedence? If the

second deed does do I have recourse

to recoup the cost that I will now

incur cutting a access to the back

part of my property.


Asked on 5/17/08, 9:29 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Warranty Deed Lists property line incorrectly

I would have to actually see the language of the deeds to really know what your question means, but theoretically, if party A deeds a lot to party B and reserves to A a r/w in 1975, then in 1988 party A releases the r/w to B the second deed would mean that there is no r/w any more. That also is true if party A deeds to B a lot and a r/w over A, but B later releases it back to A so B has to have other access to its lot.

As to recouping costs, you could approach the grantor of the deed to you for the misrepresentation sinc the r/w was part of the deal, but if you had done a proper title search before taking title the issue would have been noticed, so a compromise would be in order.

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Answered on 5/19/08, 10:08 am


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