Legal Question in Real Estate Law in New Jersey
What happens if there is no deed to family property
My grandmother lived in a house that was given to her in the 1930's by her aunt. the house was built and given to her aunt in the 1800's. Her aunt died in the 40's. My mother moved in with my grandmother about 7-8 yrs ago. My grandmother died last year at the age of 99, and now my mother continues to live in the house. She is considering now selling it and moving in to a retirement community. However, we can not find a deed for this property. From what my mother understands there has never been one. I have gone to the township to search records. After a couple days and many hours of searching through dusty dirt mite infested deed books still nothing could be found either by myself or the clerks. The taxes come in my grandmother's aunts name and In c/o my grandmothers name. My grandmother has paid taxes on the property throughout the time she lived there, and my mother continues to do so to this day.
If there is indeed no deed. What can we do to get proper legal ownership of this property?
2 Answers from Attorneys
Re: What happens if there is no deed to family property
If you really need to, you can file an action to "quiet title". Given your family's years of continuous use, and payment of taxes, there should be little problem. You should indeed consult an attorney.
I wouldn't rush to do a title search however. It is likely to cost you hundreds of dollars, and will be done by the buyer in order to secure title insurance. The title searchers are very adept at researching the chain of title, and are likely to discover the deed. I'd be inclined to "let sleeping dogs lie". In other words, consult an attorney, list the property, mention your concerns to the realtor, and then wait for a title company to insist on the quiet title action, if neccessary. I think that spending the money now is putting the cart before the horse.
Re: What happens if there is no deed to family property
The first step is to retain a title company to search the records for you. The names of all people involved would be searched. They will be able to go back far enough to establish the last named owner. Then, a Complaint would need to be filed to "quiet title". This is a matter that really requires a lawyer. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
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