Quitclaim deeds (ATOT lawyers needed)

[NuclearNed]

I'm buying a new house and land from a person (Larry) I've known for years. We haven't closed yet, but since the seller is a friend he agreed to walk the property lines with me last night. The land is slightly more than 5 acres, but there is a good possibility that I might be able to get an additional 2 acres for about $500.

20+ years ago, the county exercised their right of eminent domain and took an adjoining piece of property from Larry and one of his neighbors for the construction of an interstate. The county never used this property. A while back, Larry's neighbor filled a "claim of quit" with the county, and his land was returned to him. Larry suggested that since I was the new landowner for his property, I should file a similar claim. Apparently it costs about $500 to file such a claim.

There are 2 big benefits that I can see to this: 1) I'll get around 2 acres for nearly free, and 2) I will be preventing a situation where someone might buy the land from the county and open a trailer park right on my back porch.

Has anyone filed a "claim of quit" before? Is there anything I need to know going into this process?

 

[nweaver]

can't help you, but I hope it goes well. Eminent domain is quickly being abused by many local governments. It would be nice to get 2 more acres for that small price. Hopefully someone here can help you. Have you talked to the neighbor yet?

 

[NuclearNed]

Originally posted by: nweaver
can't help you, but I hope it goes well. Eminent domain is quickly being abused by many local governments. It would be nice to get 2 more acres for that small price. Hopefully someone here can help you. Have you talked to the neighbor yet?

No - I haven't met the neighbor. Actually, the current neighbor isn't the one who filed the claim - it was Larry's brother, who until recently lived next door.

 

[dug777]

What's to lose?

 

[NuclearNed]

Originally posted by: dug777
What's to lose?

Maybe $500? I don't know what happens if the claim is denied... Since the neighbor has already had their claim approved, I think there is little chance of that. Still, I don't want to flush $500 down the drain...

 

[dug777]

Originally posted by: NuclearNed

Originally posted by: dug777
What's to lose?

Maybe $500? I don't know what happens if the claim is denied... Since the neighbor has already had their claim approved, I think there is little chance of that. Still, I don't want to flush $500 down the drain...

You're buying a house...

Just do the damn thing

 

[darrontrask]

Last year I filed a quit of claim on part of the property I now own. I would suggest talking to a lawyer and having them do the paperwork. You could probably get them to do this rather cheaply. I think we paid 100 and the filing fees. Lawyer is a family friend so YMMV but it was only three pages and took about 45 minues for them to complete. This in NY where everything is twice as hard to get accomplished so maybe it would be easier for you. If you feel confident you could probably go to the county clerk and get the neccessary documents and file them yourself saving the lawyers fee.


Darron

 

[NuclearNed]

Originally posted by: darrontrask
Last year I filed a quit of claim on part of the property I now own. I would suggest talking to a lawyer and having them do the paperwork. You could probably get them to do this rather cheaply. I think we paid 100 and the filing fees. Lawyer is a family friend so YMMV but it was only three pages and took about 45 minues for them to complete. This in NY where everything is twice as hard to get accomplished so maybe it would be easier for you. If you feel confident you could probably go to the county clerk and get the neccessary documents and file them yourself saving the lawyers fee.


Darron

Could you describe the process you had to go through? For example, did you have to appear in court, or did you just file the claim then receive the approval through the mail?

 

[skyking]

For starters, get photocopies of everything Larry's brother has. If you take that to a lawyer along with all the pertinent legal descriptions of YOUR 2 acres, it should be quick and cheap. Do all the legwork for him, and hand him the blueprint, so to speak.

 

[NuclearNed]

Originally posted by: skyking
For starters, get photocopies of everything Larry's brother has. If you take that to a lawyer along with all the pertinent legal descriptions of YOUR 2 acres, it should be quick and cheap. Do all the legwork for him, and hand him the blueprint, so to speak.

Good advice.

One question that just popped into my head: even though I'm the new owner of the main property, do I actually have any claim over the 2 acres? Wouldn't Larry still be the person with claim to that land?

 

[skyking]

That's a good question....... for a real local lawyer
Seriously, I'd want that land at any reasonable expense. If Larry has to get it first before you close, so be it. It's real lawyer time now.

 

[Q]

http://forum.freeadvice.com

 

[KK]

how far do you live from the interstate?

 

[Mursilis]

Originally posted by: NuclearNed

Originally posted by: skyking
For starters, get photocopies of everything Larry's brother has. If you take that to a lawyer along with all the pertinent legal descriptions of YOUR 2 acres, it should be quick and cheap. Do all the legwork for him, and hand him the blueprint, so to speak.

Good advice.

One question that just popped into my head: even though I'm the new owner of the main property, do I actually have any claim over the 2 acres? Wouldn't Larry still be the person with claim to that land?

Sounds like Larry would be proper person to file the claim, since he was previous owner in the title chain. He should probably file for the quit claim deed, and then deed it over to you. It's been a while since I did any work in real property, but I can't think how you'd have standing to file a claim for the land against the county, since you were never an owner of it before.

You might want to see if there's a decent book on Tenn. property law in your local library. Property law is a bit convoluted, but not that hard to figure out. You should be able to understand the material in the book just fine.

 

[NuclearNed]

Originally posted by: KK
how far do you live from the interstate?

maybe 1/4 mile, probably closer than that

 

[alkemyst]

Once the property was quit claimed it now was Larry's.

If he is selling it, he just needs to deed it to you et al.

I would say you are a perfect candidate for a real estate attorney though.

They can redeclarate eminent domain at any time. IMHO it was getting abused over the land boom of the last few years. Now more often people want out of the deeds they got into.

 

[NuclearNed]

Originally posted by: alkemyst
They can redeclarate eminent domain at any time.

But if they do, don't they have to pay fair market value? So even if they do, that would still be a win for me, assuming that I can secure the deed.

 

[alkemyst]

Originally posted by: NuclearNed

Originally posted by: alkemyst
They can redeclarate eminent domain at any time.

But if they do, don't they have to pay fair market value? So even if they do, that would still be a win for me, assuming that I can secure the deed.

If the owner of the property you are buying as already done so, then you are getting that piece of land from him. The government should not have a tie to the land anymore.

Deeds work like a chain...you just continue adding links, you don't have to go back and rebuild it.

Sometimes there are gaps though. Any property you buy esp multiple parcelled should have a thorough title search done.

 

[brandonb]

I have just done a quit claim deed with my mother for her property. This is my experience:

1) There is a form you need to fill out. Easily found on the county's website for whatever county the property is located in.
a. This needs to be filled out, signed, and noterized by the person who currently owns the property.
b. Additional information such as well disclosures need to be added to the form. Each well adds about $50 to the filing file.
c. Legal description of the property, this is NOT THE ADDRESS. Its the lot name in the county database. Call up the county and ask for the legal description.
d. Along with this is a payment for the deed tax. Mine was about $500.

2) You need to attach a filing fee to the transfer, about $50 with no additional disclosures.

3) You need to write up a cover letter indicating what you are doing, and whats in the envelope, and include a SASE and a phone number in case they have issues.

4) Mail to the county.

5) PROFIT!

You do NOT want to do a quit claim on any property you own (or intend to own), that is giving it to Larry. Larry needs to fill out the form and get it notorized for his property he is transfering to you.

Thats it.

 

[NuclearNed]

Originally posted by: brandonb
I have just done a quit claim deed with my mother for her property. This is my experience:

1) There is a form you need to fill out. Easily found on the county's website for whatever county the property is located in.
a. This needs to be filled out, signed, and noterized by the person who currently owns the property.
b. Additional information such as well disclosures need to be added to the form. Each well adds about $50 to the filing file.
c. Legal description of the property, this is NOT THE ADDRESS. Its the lot name in the county database. Call up the county and ask for the legal description.
d. Along with this is a payment for the deed tax. Mine was about $500.

2) You need to attach a filing fee to the transfer, about $50 with no additional disclosures.

3) You need to write up a cover letter indicating what you are doing, and whats in the envelope, and include a SASE and a phone number in case they have issues.

4) Mail to the county.

5) PROFIT!

You do NOT want to do a quit claim on any property you own (or intend to own), that is giving it to Larry. Larry needs to fill out the form and get it notorized for his property he is transfering to you.

Thats it.

Awesome - thanks for the specific info! How did your quit claim turn out?

 

[Jeffwo]

Originally posted by: brandonb
I have just done a quit claim deed with my mother for her property. This is my experience:

1) There is a form you need to fill out. Easily found on the county's website for whatever county the property is located in.
a. This needs to be filled out, signed, and noterized by the person who currently owns the property.
b. Additional information such as well disclosures need to be added to the form. Each well adds about $50 to the filing file.
c. Legal description of the property, this is NOT THE ADDRESS. Its the lot name in the county database. Call up the county and ask for the legal description.
d. Along with this is a payment for the deed tax. Mine was about $500.

2) You need to attach a filing fee to the transfer, about $50 with no additional disclosures.

3) You need to write up a cover letter indicating what you are doing, and whats in the envelope, and include a SASE and a phone number in case they have issues.

4) Mail to the county.

5) PROFIT!

You do NOT want to do a quit claim on any property you own (or intend to own), that is giving it to Larry. Larry needs to fill out the form and get it notorized for his property he is transfering to you.

Thats it.

Not to dispute your experience with quitclaims but I have done quitclaims a couple of times and all it ever cost me was the charge to notorize the claim (both parties had to be present at notorizing) anf the ~$25 filing fee at the chancery clerks office to file the deed (with the county)in my name.

This is Mississippi though, maybe it's different where you are.

Good luck...Don't know how the eminent domain laws are there but I would go for it on the quitclaim if I were you.

 

[alkemyst]

A quit claim just quits any claim to that property by the other party on the deed. Basically they are stating they no longer want it. If another party has rights though you can still be encumbered.

When the government takes over a property 'fair market' value to them is often different than others. Also if it's a single piece or if you are the last man standing...they can sometimes really low ball it.

There have been a lot of people that lose their tails in these situations, however; it's such a rare circumstance to Joe American they don't pay attention to it.