Sandy, UT asked in Real Estate Law for Utah

Q: Who is the responsible party for resolving a partial reconveyance issue in a lot sale? Sellers, buyers, or title co?

I'm under contract (I'm the buyer) for a 1.5 acre piece of land and apparently it was described incorrectly when it was originally subdivided. What is the best way to resolve this issue and who is responsible for working to get this resolved? The buyer, the buyers agent, the sellers, the seller's agents, the owner of the land/house that has a mortgage on the lots that is encumbering ours, or the title company? This issue has been going on for over 30 days and no movement on it. Is a real estate attorney worth while in this situation? The owner of the property next to our lot is cooperating with our title company, but nothing is moving forward.

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1 Lawyer Answer
Lincoln W. Hobbs
Lincoln W. Hobbs
  • Salt Lake City, UT
  • Licensed in Utah

A: All of the parties should be motivated to move this along, assuming the seller wants to sell and the buyer (you) still want to buy. The complexity of resolving this type of dispute varies considerably based upon the type of property involved, and the jurisdiction(s) which have authority. Sometimes you have many levels of bureaucracy

to deal with. A real estate lawyer may be helpful in answering the specific questions involved,

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