My subdivision was plotted in the 1950's. It did not show a railroad right of way. As such, the properties in the subdivision were surveyed and plotted over the right of way. Now, in 2018, the railroad plotted out their stakes and shows they have a right of way. They have a deed from the early 1900's. The properties that are over this right of way have been paying taxes and maintaining and placing improvements since the subdivision was plotted. What recourse does one have? My deed has been wrong this whole time, showing nothing of the right of way. The deeds at the courthouse show nothing either. The title company said they cannot do anything. Can I sue the original surveyors(they are still in business) for not researching thoroughly enough and missing an entire railroad right of way? Can I claim adverse possession?
Unless you hired the surveyor, he or she owed no legal duty to you that gives you a legal claim. You may or may not have a claim against your predecessor in title depening upon the nature of the warranty in your deed and all the facts and circumstances. You may or may not have a claim under your title insurance policy depening on the facts and circumstances. It is possible that one of the exceptions in the title policy, such as the survey exception, would prevent you from successfully asserting a claim. Whether or not you can successfully claim something akin to adverse possession is also a question of facts and circumstances. You should consult with an experienced real estate lawyer. You should do this promptly as delay could prejudice your rights.
This response is for information purposes only. You should not rely on this abbreviated response but should consult with an attorney about your particular facts. Unless I am engaged, there is no attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline