Legal Question in Real Estate Law in Texas
Title Co. Misrepresentation ??
In 2002 I bought a small motel business. My property parameters included � of a street which was closed and abandoned by a city ordinance in 1977. The first survey was completed by a registered professional surveyor in 2002 (included this abandoned street into the property line. Now I go to sell and the surveyor comes out and now takes away this alleged �abandoned� street. He states he made an error and the additional property no longer conveys. The city and water department concur because there is a 20 inch water main going down the middle. In all these years we have maintained that property, and been taxed because the legal description included Lot #�s, �and adj. St.� which was incorporated into the county plat map and also by the tax appraisal district. Now the title company is detached and impersonal and gives me an impassive expression when I question this. I am in dire need of insight and suggestions please. What is the likelihood that I might triumph?
I presume I will unquestionably have to retain a specialized attorney. So I basically would like to know how best to anticipate the attorneys approach to this and the most likely outcome. Thank you for any suggestions and comments!!!
2 Answers from Attorneys
Re: Title Co. Misrepresentation ??
IF your deed, title policy and survey on purchase indicated that the abandoned street was in the property acquired, you have recourse against the surveyor and title company. You might also recover your attorney's fees. I handle this type of work and will be glad to talk to you.
Re: Title Co. Misrepresentation ??
Look in your closing papers when you originally purchased your property and find your "Owner's Policy of Title Insurance." If the property contained in the abandoned street was included in your legal description, then you have a title claim. There are instructions on "tendering a claim" to the title company on your title policy. You will need to submit the claim in writing to the title company and you will be paid the dimunition in value of your property if you have an insured loss. You really don't need an attorney unless you feel that the claim is not properly analyzed by the title company's claims officer or attorney.
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