Legal Question in Real Estate Law in New Jersey

Cloud on Title

Title insurance company refuses to clear cloud on title, resulting from defective deeds, and inaccurate surveys. Recent tax map portrays severe overlap extending through center of my home.Title company performed a survey taken from the opposite direction called for by deeds, to justify their refusal(deeds call for survey to come from north,survey was taken from south due to the inability to effect lot measurements when taken from north). Title Company states that since no buyer has refused to purchase home (I have not tried to sell),and no lender has refused to lend(have not tried to mortgage), then no remedy is available.I have been fighting this for 2+ years to try to clear title as I do wish to sell the property. Defects have been found in deeds dating back 100+years, to include a deeded creation of a 50' strip, part of which my home is situated on, but not a part of my title. Neighbor on south side has received approval for subdivision, which will severely impact my lot. Title company is in receipt of all documentation. Any help greatly appreciated!


Asked on 8/07/06, 3:48 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Cloud on Title

You absolutely, positively need to have an attorney look at the documents and tell you what is happening. It is possible that the attorney who did the closing for you, who handled the purchase of the house, can solve this for you. You should ask the attorney to fix it. If that attorney has not been able to quickly fix it, then there is a problem.

I suggest you hire (and pay) another attorney to review all of the documents and tell you what is going on. I once had to sue an attorney for malpractice for failing to see and fix a survey problem before the client bought the house. It does happen. You should do this sooner, not later. It will not get better by itself.

If you would like, give me a call; I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 8/08/06, 12:45 pm
Bernard J. Berkowitz Berkowitz & Raiken

Re: Cloud on Title

If you got title insurance when you bought the property without these questions as exceptions, the title company's obligation is to insure title when you sell or mortgage it. If a quiet title lawsuit is necessary to do that, they do not have to do anything until you sell. As to the survey, you would need the neighbor's survey to compare with your own and the tax map of the town. If you want the file looked at in more detail call for an appointment or ask to meet with a title officer at the title company in person. Good luck.

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Answered on 8/07/06, 4:29 pm


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