2 Deeds Claim Ownership of Same Land

[HomeGuru]

We finally closed on 8/26.

The problems with the deed were:

1) Incorrect description based on a survey that was incorrect. We had a survey done and the deed corrected.

2) The property straddles two counties. Actually, almost all of the house and a majority of the property are in county A and part of the property is in county B. County B collects the taxes for the property and had information about the property on its tax maps, but only showing the property located in county B. County A has no record of the property and collects no taxes (although the house is in county A). When records were searched in county B, it only showed half the property and that's where a lot of the confusion was. A new property description is being recorded in both counties in case of a future sale.

The new survey revealed that my neighbors have a portion of their new fence constructed on my property. Great way to meet the neighbors, unfortunately.

The icing on the cake was when we went to the closing and my attorney pulled us in to his office and closed the door. I thought there were going to be more problems. He just wanted to inform us that the attorney for the sellers was drunk. What a perfect ending to such a complete mess of a transaction.

**A: sounds like all you need left to do is have the neighbors sign an encroachment agreement for the fence.

 

[biglittle]

**A: sounds like all you need left to do is have the neighbors sign an encroachment agreement for the fence.

What does that mean? Does that entitle them to anything? I was just going to go over to their house and ask them to remove it.

The main problem I see with this fence is, it's an electric fence to keep in horses. I have no insurance coverage if someone gets "shocked" by this fence that is on my property.

My father was saying I could still be sued if someone was standing on my property and touched the fence that was located on the neighbors property. The fence is basically on the property line and could potentially happen. Is this true? Are there generally laws that say an electric fence has to be so many feet away from an adjacent property?

EDIT: The fence was initially put about 3 feet away from my old property markers, but since they are incorrect the fence is right on the property line now. So the neighbor did make the initial effort to install the fence a few feet in to his property.

 

[HomeGuru]

What does that mean? Does that entitle them to anything? I was just going to go over to their house and ask them to remove it.

The main problem I see with this fence is, it's an electric fence to keep in horses. I have no insurance coverage if someone gets "shocked" by this fence that is on my property.

My father was saying I could still be sued if someone was standing on my property and touched the fence that was located on the neighbors property. The fence is basically on the property line and could potentially happen. Is this true? Are there generally laws that say an electric fence has to be so many feet away from an adjacent property?

EDIT: The fence was initially put about 3 feet away from my old property markers, but since they are incorrect the fence is right on the property line now. So the neighbor did make the initial effort to install the fence a few feet in to his property.

**A: in that case, yes, demand that they relocate the fence off of your property.

 

[biglittle]

We finally closed on 8/26.

The problems with the deed were:

1) Incorrect description based on a survey that was incorrect. We had a survey done and the deed corrected.

2) The property straddles two counties. Actually, almost all of the house and a majority of the property are in county A and part of the property is in county B. County B collects the taxes for the property and had information about the property on its tax maps, but only showing the property located in county B. County A has no record of the property and collects no taxes (although the house is in county A). When records were searched in county B, it only showed half the property and that's where a lot of the confusion was. A new property description is being recorded in both counties in case of a future sale.

The new survey revealed that my neighbors have a portion of their new fence constructed on my property. Great way to meet the neighbors, unfortunately.

The icing on the cake was when we went to the closing and my attorney pulled us in to his office and closed the door. I thought there were going to be more problems. He just wanted to inform us that the attorney for the sellers was drunk. What a perfect ending to such a complete mess of a transaction.

This post is extremely old. I did say the lawyer representing the seller was drunk... now he's famous:

EDIT: See later post. Link did not work.

 

[nextwife]

The link does not work.

In 25 years of closings, I've seen drunk buyers, and drunk sellers. No drunken attorney's, though! Well, at least not drunk AT THE CLOSING. I have been at one or two "thank goodness this thing finally closed - how about we all stop at X bar and get drunk?"

 

[rmet4nzkx]

The link does not work.

In 25 years of closings, I've seen drunk buyers, and drunk sellers. No drunken attorney's, though! Well, at least not drunk AT THE CLOSING. I have been at one or two "thank goodness this thing finally closed - how about we all stop at X bar and get drunk?"

YOu have to log on but this is what I got with a search at goerie.com
http://www.goerie.com/apps/pbcs.dll/section?category=NEWS

Conservator to handle DeSantis' files
A jailed Union City lawyer awaiting mental-health treatment has agreed to let a court-appointed lawyer take control of his files.
Date: 10/26/05

 

[HomeGuru]

The link does not work.

In 25 years of closings, I've seen drunk buyers, and drunk sellers. No drunken attorney's, though! Well, at least not drunk AT THE CLOSING. I have been at one or two "thank goodness this thing finally closed - how about we all stop at X bar and get drunk?"

**A: ya don't want to see attorney's on drugs.

 

[biglittle]

This guy was not only the attorney for the seller's, he had power of attorney and signed all the closing docs for them. Could this ever come back to haunt me?

Sorry. Here is the complete story from goerie.com:

Conservator to handle DeSantis' files

By Ed Palattella
ed.palattella@timesnews.com

A jailed Union City lawyer awaiting mental-health treatment has agreed to let a court-appointed lawyer take control of his files.

Attorney Joseph DeSantis, who is in Erie County Prison awaiting a psychiatric exam, consented to the appointment of the conservator during a brief court hearing on Tuesday.

The conservator, Erie lawyer Michael Nies, will not handle any of DeSantis' cases. His responsibility is to get DeSantis'files to DeSantis' clients.

DeSantis, 44, a lawyer since 1995, has 50 open client files and 2,000 closed client files at his law office at 9 Perry St., according to court records. DeSantis still has his law license, though he has not been practicing.

The request for a conservator came from the Pennsylvania Office of Disciplinary Counsel, an arm of the state Supreme Court. The office filed the request in response to DeSantis' incarceration, which started Sept. 7.

Erie County Judge Stephanie Domitrovich jailed DeSantis for violating the terms of his parole in a case that involved indirect criminal contempt, according to the Office of Disciplinary Counsel's request for the conservator. The charge of indirect criminal contempt was for violating an undisclosed court order.

DeSantis' attorney, Timothy Lucas, said the contempt case is sealed. He said he couldn't comment on it.

In asking for a conservator, the Office of Disciplinary Counsel's attorney, Mark Weitzman, of Pittsburgh, said in court records that DeSantis "is presently suffering from a severe mental disability." Weitzman also said DeSantis "will remain incarcerated in Erie County Jail until he receives in-patient treatment at a mental health facility where he may remain for up to four months."

Lucas said DeSantis suffers from a bipolar disorder. Court records show that he is awaiting prosecution on a drunken-driving charge for an incident in May.

Erie County President Judge Elizabeth Kelly granted the request for the conservator.

She urged DeSantis to work with mental-health specialists. DeSantis agreed to undergo a psychiatric exam.

"This is an opportunity for you to get the help you so desperately need," Kelly said. "You are sick, Joe."

DeSantis stood before Kelly in an orange prison jumpsuit. After the hearing ended, Kelly came down from the bench and spoke to him privately in the well of the courtroom. DeSantis cried as he left the courtroom in handcuffs.

Nies, the conservator, has acted in that role in other cases involving troubled Erie County lawyers. The Erie County Bar Association is assisting Nies in the handling of DeSantis' files.

For more information on the files, call the Bar Association at 459-3111.

ED PALATTELLA, can be reached at 870-1813 or by e-mail.

 

[JETX]

Simple answer... who cares about all that crap??