Legal Question in Real Estate Law in New York

Land Grab

We bought in a private tax sale, what were probably

considered by the county to be surplus parcels. They

are adjacent to a new, upscale development,

and are probably more valuable than

had been suspected.

The county offered the two parcels to all adjoining

property owners in a private sale, (including

the people they allege are the true owners).

We purchased it and received two deeds.

The county now claims the parcels (both) belong to an

adjoining owner and have initiated a lawsuit.

Instead of suing the surveyor, the tax commissioner

or the registrar, they county is suing the

purchasers--us!

The county, a year after the sale declared the

properties, non-existent, and offered to return our

money. We declined.

Now, almost four decades after the acquisition by

the county, the county claims a surveyor�s error of

closure occured and the property really belongs to a

neighbor.

They removed our deeds from the records, then altered

and substituted tax maps and deeds which support

their contention.(We have the originals and the altered

versions).

We believe we are the rightful owners as a matter of

law, and wonder if the rescission (and lawsuit) are

legal.


Asked on 7/16/03, 10:14 pm

2 Answers from Attorneys

Mitchell Drucker Law Office of Mitchell S. Drucker

Re: Land Grab

Did you get title insurance?

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Answered on 7/16/03, 10:22 pm
Thomas Luz Pearce & Luz LLP

Re: Land Grab

The county can't sell you what it doesn't own. If it is right, and there was a surveyor's error, at minimum you are entitled to the original purchase price plus interest from the date of purchase. If there was no error, and you properly bought the property, the county has converted your real estate. The issue, obviously, is whether the original survey was correct. To determine that, you will have to hire your own surveyor. In either case, in order to get paid, you will probably have to hire a lawyer.

If you bought title insurance when you purchased the property, the title company will be on the hook as set forth in the policy. The title co. will fight like the dickens to avoid liability (insurance companies pay nothing unless forced to), so you'll probably have to sue it.

Sorry to be the bearer of bad news.

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Answered on 7/17/03, 5:30 pm


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