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  1. #1
    Join Date
    Aug 2013

    Default Part of Land Sold to a Third Party Between Sales Contract and Closing

    My question involves real estate located in the State of: Michigan

    My wife bought her house a few years ago. Somewhere between the time she signed the purchasing papers to the time she officially took ownership, the owner (at the time) signed over 40 feet of the property to a neighbor for a driveway for his property. I am wondering if this was a legal thing to do. I do know that the property description she signed the papers for included the 40 feet. The property that was signed over is valued at approximately $4500. I'm not sure if we are still paying taxes on this parcel or not. We did not find out about the exchange of property until sometime later. Is there anything we can do about it?

    Thanks in advance

  2. #2
    Join Date
    Jan 2006

    Default Re: Land Ownership

    does the deed she was given speak to the 40 foot section? Was it not included in the transferred land or that there is an easement that crosses it?

    what she needs to do is figure out if the area was actually transferred to her. If it was, you need to determine if there was an easement created for the neighbor. Then, once that is figured out you can compare it to the purchase contract to see if all matches. If it doesn't, then the seller has breached the contract.

    what is "a few years ago"?

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