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  1. #1
    Join Date
    Mar 2006
    Location
    North Carolina
    Posts
    10

    Default Can You Dispute A Quitclaim Deed?

    My family and I live next door to some not so nice neighbors. There's a dirt road (50x 300) between us. There's 2 houses on each side of the road. Everyone did use it to get access to our homes. Sure, we could make a new drive way to get in. But it's been this way for several years. So anyway..this neighbor had problems with another neighbor for a few months. Then the bad neighbor went and got a quit claim deed on the dirt road. We just found out about it a few days ago. When my daughters bus driver was told she could not drive down the road any more because they owned it. So as we got to checking out how that was ...we found out about the quit claim deed. It was filed in Dec. 2000. I know this is just the beginng of these problems with these people owning this piece of property. So my question is.....Anything at all we can do about it??? We're desperate for answers. It's too dangerous for my 12 year old daughter to catch a bus on a very busy main highway. PLEASE HELP........thanks :roll:

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,919

    Default Prescriptive Easement

    You may be able to claim a prescriptive easement. To obtain a prescriptive easement, a claimant must prove: (1) that its use of the easement was adverse, hostile, or under a claim of right, (2) that the use has been open and notorious, (3) that the use was continuous and uninterrupted for a period of twenty years, and (4) that there is substantial identity of the easement for this twenty year period. Dickinson v. Pake, 284 N.C. 576, 580-81, 201 S.E.2d 897, 900-01 (1974). If use is permissive, it generally won't support a prescriptive easement. You should probably discuss our situation with a local real estate lawyer.

  3. #3

    Default

    A quit claim deed does not necessarily mean they own it. You need to trace the ownership back to see if it was ever specifically made an easement. All a quit claim deed does is transfer whatever ownership that person has. It would be subject to any easements or that person may not have even owned the property.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default

    That's a good point.

    By way of example, I could quitclaim you the Brooklyn Bridge. I don't have any interest in the Brooklyn Bridge. Thus the deed would convey to you my interest in the bridge, which is all of nothing, and would give you no rights whatsoever.

  5. #5
    Join Date
    Mar 2006
    Location
    North Carolina
    Posts
    10

    Default Re: Can You Dispute A Quitclaim Deed?

    Yes I'm back! As we thought we are now having this neighbor trying to put up a fence to show he owns the dirt road he put quit claim deed on. This dirt road was once named Pope st. But the county didn't keep it up. We found out this quit claim deed was signed over to him by his wife (now ex wife). She never had ownership of the property to start with! As I said, it belong to the county and has been in use since we moved here in 1991. He has a stepdaughter who works in the tax office here in the county which as allowed him to pay taxes on this rd as his property. Is this legal if he has been paying taxes on it? Since she works in the tax office, she knows all attorneys in the county. My husband and I went to talk to attorneys here and all of them said the same "the quit claim deed didn't give him any rights to anything so we didn't need to do anything. Yet the neighbor has called county police to stop the neighbors behind us from going down this rd because to hear him tell it, the property belongs to him. It all sounds a bit shady to me. Do we need to obtain an attorney from another county? And if so, what can he help us do about this situation? This is also gona cause problems if we ever decide to sell our house, since this dirt rd comes about is 180 feet from our home. We also did landscape beside our house before the neighbor took our this quick claim deed! Are we going to loose that to? Please help?

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,376

    Default Re: Can You Dispute A Quitclaim Deed?

    This is not legal advice. I am not an attorney.

    But this is what I would do. Turnabout is fair play. Find a friend in another county, or even another state, and have him/her quitclaim the same described premises to you. Get it recorded.

    Pay the taxes a year or two forward when the stepdaughter at the county office is out on vacation or whatever.

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