A quiet title action can arise when real estate ownership is in dispute. Such actions can spring from survey description errors. Pre-twentieth century deeds were usually handwritten and they typically implemented a narrative description of the property in question. Such descriptions tend to be more like stories than like modern descriptions. For example, a deed might describe a farm as abutting the old Myrtle place on the west and running from there to the three large willow trees on the east – the north and south sides run along Main Street’s split rail fence and the city limit, respectively. Property descriptions have come a long way.
Modern surveying techniques allow surveyors to precisely measure a property’s three-dimensional position-points and their relative angles and distances. Accordingly, modern property descriptions are far more accurate and unambiguous. However, overlaps and gores do happen.
Gores and Overlaps
An overlap occurs when one or both owners of adjoining real estate believe that their properties end in places (usually on the other party’s property) that aren’t properly reflected in their deeds’ descriptions. A gore, on the other hand, occurs when some part of the property in question is not described in the deed, which leaves this gore or strip of property in virtual no man’s land.
When such title disputes arise, a property owner can ask the New Jersey Superior Court to issue an order – a Quiet Title Action – in determination of the property’s true boundaries. Such proceedings are usually administrative in nature, but they are sometimes contested. Without the Court’s judgment as obtained through this Quiet Title Action, the real estate remains in limbo.
Protecting Your Property
Title insurance provides an important measure of protection from title issues, such as gores and overlaps. Survey errors and preexisting judgments, liens, and encumbrances on your property can happen. Title insurance companies, however, are in the business of ensuring – before you purchase – that your property is devoid of preexisting liens and judgments and that the description is accurate.
If You Have a Property Dispute, Call 732 238-8686 for More Information Today
If you have a real estate dispute or are considering purchasing a new property, contact Bowne Barry & Barry Attorneys at Law. Our real estate attorneys have the experience and skill to help you confidently purchase new property and to protect your property rights. For real estate guidance, please contact or call the law office of Bowne Barry & Barry at 732 238-8686 today.