Cleveland, OH asked in Intellectual Property and Real Estate Law for Ohio

Q: I purchased a property in 2011 which I believed to consist of 8 lots. Recently discovered we may not own 2

I recieved the survey showing all 8 lots. But recently I discovered the the county auditor shows we do not own the 2 lots in the middle of our back yard. I checked the deed and they are not on the deed but they show on the survey. There is no way for the person it says owns them to access them what should I do?

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Cincinnati, OH
  • Licensed in Ohio

A: If your contract was for the purchase all 8 lots, and you paid for all 8, how did 2 get omitted? Was it a mistake in the deed preparation? What did your 2011 purchase contract say? Did you obtain owner's title insurance when you purchased the lots? Are the auditor's records correct? Who is the owner of those two lots, and how did that person acquire them? That person's access is the least of the problems. Use the Find a Lawyer tab to retain a local real estate attorney to obtain a complete title examination to review the real estate records, your purchase contract, deeds, survey plats, etc., and advise you of the status and your options.

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