Legal Question in Real Estate Law in Ohio
We purchased a lot in Ohio after viewing the advertisement and the county records, thinking it was 5.88. After the purchase was made a 2010 survey surfaced that showed we own only 4.88 acres. A short investigation we did revealed that the original owner owned 5.88 acres and he sold 1 acre in 1963. The deed for that acre was recorded, but the deed for the parent lot was not.
We purchased title insurance and assume they investigated the title and failed to find the discrepancy. Do we have a claim? If so what would it be for?
1 Answer from Attorneys
Dear Inquirer: Based upon the few facts provided, you may have claims against the Seller and the Title company. If there was a realtor involved, consider including the realtor in your claim. And, if an Attorney was involved, well.... you may also have to include that errant soul as well.
The Seller misrepresented the total acreage being offered and sold. The title company failed to find and advise of the serious discrepancy before concluding the sale, etc. The Attorney, if there was one, also erred.
Importantly, you must be prepared to quantify your damages. An experienced appraiser should be able to construct a proper evaluation of your loss. An economist may also prove invaluable in the event the acreage involved is a commercial use or enterprise.
Contact an experienced Attorney to guide and assist you. Good luck. God bless...
Sincerely,
J. Norman Stark, Attorney / Architect Emeritus
Cleveland, Ohio
(216) 531-5310 x7100.
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