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Title Search

judyjht

judyjht

TUG Member
Joined
Jun 6, 2005
Messages
1,128
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10
Location
Otisfield, Maine
How do I go about doing a title search on my current house? Is it too involved to do myself - I have owned it for 35 years, if that makes any difference.

If I have to hire someone - any idea how much it would cost?
 
It would help if we knew the purpose of your search. For example, if you are planning to sell, the buyer's lender will insist on a title insurance policy. A formal search will be required - not one you can do - for that policy to be issued.

If you borrowed money from someone other than a family member when you purchased the home, a title policy would have almost certainly been issued. That's where to start - in that old title policy, which is likely buried in some musty 35-year-old records somewhere in your home. All of the work has already been done for you!

As you know from our previous discussion regarding a mortgage on another MA home, you can search the MA Registry of Deeds records related to your home's history. It's relatively easy to do. To the extent the info for Hingham isn't online, you can get assistance when you visit your local office.
 
We are having neighbor problems - I had a survey done a couple of years ago (2002) when we re-did the septic system which clearly shows that the driveway and the strip of grass on either side belongs to us - not to the woman behind us who has a right of way to access her property. She came out screaming at DH yesterday when h was trying to mow the grass along the 2 strips. We both called the Police because 6 months ago we went through the same thing and we had to go over to the Building Inspector to have him determine who actually owns the driveway. He said that WE own it and it was put into the Police Report that she was notified of that fact. So, we figured it was a no brainer since it was already written in the Police Report. So, the cop comes over and said she cannot do anything and asks if there is a stake for the property line. I don't know - but it clearly shows on the plot plan that the entire driveway and 2.5 feet beyond our fence is our property. She still says she cannot do anything and tells us we should just mow it when sher isn't home!! DAH..........

Someone said maybe we should do a Title Search - so that is why I asked the question. Can you help?
 
When that survey was done, the surveyor should have put stakes or some other identifying landmarks at the corners of your property, if they didn't previously exist. That survey would also have been done based on what your deed or other title info says is the location/dimensions of your lot. Thus, you might be able to start with that survey or a quick question to the surveyor as to where to start.

However, coming up with something significant in a title search, even if you can do it, isn't going to stop this woman from harassing you if a previous survey, the building inspector's conclusion and the annotated police report didn't stop her.

It would seem as though you have a choice. Put up with her screaming or go to court to get an injunction or restraining order. In my view, that means putting up with her or contacting an attorney. Yes, I know: $$$. Not a pleasant choice!
 
Well

Maybe I'm missing something in this discussion, but let me ask why don't you have a surveyor come and set stakes as needed to establish your lot line?

The surveyor will get the plot plans and take it from there.

Given that your neighbor seems a bit, shall we say, strange, you may want to inform her that you are having a surveyor come and you are paying for it. Ask if she'd be willing to share the cost?
 
In our area, the practice years ago was to place concrete corners at the survey points. In the last several years, the practice is to drive a metal stake and to place a wooden stake w/ an orange flag to denote survey points. The wood/flags usually stand long enough for the house to close, refinance, zone change or other survey purpose before being knocked down. The metal pins usually require a metal detector to find.

I would call the last surveyor and ask if they placed pins. If so, you can borrow or go to a rent all to get a metal detector.
 
Call a title insurance company and ask them how much it would cost to dig up the survey. It's probably less than a couple of hundred dollars.
 
If you can get the same survey company to come out again and restake the property, it will usually be cheaper because they can re-use their work from 2002.
 
Given that your neighbor seems a bit, shall we say, strange, you may want to inform her that you are having a surveyor come and you are paying for it. Ask if she'd be willing to share the cost?[/QUOTE]

You are kidding - right?? I won't be informing her of anything and certainly won't be asking her to split the cost!! The way she came roaring out of the house swearing at my husband - no way!! :whoopie:

I did call the engineer and he said it would be a few hundred dollars to set the points - I only need the 2 in the back of the yard - the others are on the street side so that is not a problem. I am afraid he will have a confrontation with her when he comes to set the stakes - I will talk to the Building Inspector again this afternoon and see what he says..

I just hope she can't pull them out after they leave. Is that illegal, does anyone know??
 
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I'd ask the survey company what you can do, and express your concerns to them. If she pulls them out after the surveyor leaves, that amounts to vandalism and trespassing, right? Sounds like it'd be grounds to bring those cops back for further action. Do you still have the previous police report?

Maybe ask the survey company what sort of permanent marker could be put in place? And maybe it's time to pave that driveway right up to the property line, so permanent survey "tacks" could be embedded, and there would be no future doubt of where the property line exists. (I'm really glad that in my neighborhood the corners of each lot are clearly and permanently marked.)

Good luck!

Dave
 
Illegal? I don't think so. However, as long as the engineer puts the stakes slightly inside of your property lines, you would have a legitimate civil action against her if she removes them. The problem with that, as suggested by a North Carolina attorney....
If you were to sue your neighbor for trespassing on your property and removing survey stakes you would have to prove that it was more likely than not (called a preponderance of the evidence) that your neighbor moved the stake. The evidence shows that the stake was moved, but not necessarily who moved it.

Moving the survey marker does not move the property line. Taking this to court will be costly and time-consuming for you.
Click to expand...
The attorney goes on to suggest that you talk to the surveyor about installing a permanent fixed corner marker.
 
I know - I just wonder how permanent the permanent one is??? How easy are they to take out - the permanent ones???
 
I wasn't kidding

but she is obviously "stranger" than I thought. :whoopie:

Perhaps the building inspector will ask an on-duty police officer to assist? They both work for the same town.

Do you have a video camera you can focus on the stakes and keep it running 24/7? If she removes the stakes, you have the evidence on film. Sounds like she'll act within a day of the building inspector placing the stakes.
 
jeepguynw said:
I'd ask the survey company what you can do, and express your concerns to them. If she pulls them out after the surveyor leaves, that amounts to vandalism and trespassing, right? Sounds like it'd be grounds to bring those cops back for further action. Do you still have the previous police report?
Click to expand...
jeepguynw said:
Yes, I have the original police report that states the Building Inspector determined that the driveway belongs to us - she can pass over it to get to her house but she cannot leave her crap all along the fence. Let's see if I can add one photo so you can get the idea. I don't know if I can send a picture.

It doesn't look like it will work. How can I make a link?? :shrug:
Click to expand...
 
I've never done this, but at the top of the Reply window is a series of icons. One is a paperclip. You should be able to use the options under that to attach your picture file.

Dave
 
See if this works. I see that HTML is "Off" - How do I turn it on?? We just want to mow this strip of grass and the one on the other side. My property goes to just beyond the stockade fence.
 
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One of our neighbors had a survey done and the surveyor put "pins" right into the sidewalk, marked with heavy-duty orange tape. I don't know if they're intended to mark boundaries or what, but they aren't going anywhere. You might be able to pull them out with a crowbar and a LOT of effort.
 
Wait - here is a much better view!!! That mailbox and those plants on the right side are all on my property. I should move the fence out to the edge of the driveway then cut the mailbox down because then it will be IN my yard - not in the driveway!! That will fix her.

The whole left side is ours too! Nice, huh? Double click the photo for a better view!

[attached image removed at poster's request - mg]
 
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