Knoxville, TN asked in Real Estate Law for Tennessee

Q: how do I know if I have a color of title ?

I have a quit claimed deed. I thought I had full ownership of my property... When I went to Sell it they did a title search it turns out the lawyer at the time that did our deed only turned in one of the signature not the other that was signed. So now that person is on our deed as well as half the owner. But here there thing she died 10 yrs ago. we have her death cert. too. She had no will or any living kins either. But we been living here for 16yrs and paid for everything too. Taxes and up keep and all. So would we be able to file a adverse possession ? Due to a issue with the deed ? Not to mentioned been there living for 16yrs. ?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Knoxville, TN
  • Licensed in Tennessee

A: A Quiet Title Action may be necessary. Trying Title is expensive and difficult, and you can lose without the Defendant saying anything. Hire a very competent attorney that conducts real property litigation, but there are only a handful in East Tennessee. There may be a cheaper, more direct method of getting heirs to convey to you. Your title color is apparently only one/half of the title. You were on notice of the problem at closing. In any event, you are going to have to spend money to actually buy the property.

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