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.
2 Answers from Attorneys
Re: Land Grab
Did you get title insurance?
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.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
