UPDATE: Land ownership/deed question

[WinstonSmith]

They may not be same names but the guy who owns the lot and is claiming ownership of the recreation area owns the company that owns the recreation area. As the recreation area is not listed as property of the neighborhood in the form of an hoa I suppose he thinks he owns it and he may. Builders lie all the time. The new construction my wife bought in before we were married was supposed to have a nice lake and recreation area for the residents. When finished it was a retention pond completely surrounded with private property. Unless it's in writing and signed you dont have access or use. This may not be the case with this property but I haven't seen anything in the ownership records that states the land is owned and can be used by the residents of the neighborhood.

That would be a good idea if they actually owned the property, although they have claimed they purchased it, they haven’t. If you check the owner names of the small parcel (home), you’ll see they are not the same people that own the “recreation area”. At this point, I don’t believe they have the right to tell people they’re trespassing.

Further, I would think if this was presented to a court, it could be argued that the “recreation area” designation on the plat would imply that it was designated as a recreation area for the residents of the development.

I’m not claiming to have a right to use the property, but I am claiming that they don’t have a right to tell me I can’t use the property.

 

[Swab]

They may have purchased the 5 acre tract. It takes the county time to update their records, especially online. Looking up the parcels you mentioned, the parcel that you say was purchased six months ago hasn' been updated since 2015.

I spoke to the county today, there has not been, nor is there any pending, transfer of ownership.

They may not be same names but the guy who owns the lot and is claiming ownership of the recreation area owns the company that owns the recreation area. As the recreation area is not listed as property of the neighborhood in the form of an hoa I suppose he thinks he owns it and he may. Builders lie all the time.

If this guy is the builder, then he was the most competent 2 year old in the world in 1989.

 

[WinstonSmith]

I spoke to the county today, there has not been, nor is there any pending, transfer of ownership.


If this guy is the builder, then he was the most competent 2 year old in the world in 1989.

I saw the name was the same and assumed. Maybe he's the biz owners entitled kid or something.

 

[Apollo]

Go down town and see what's available on record, they will have the up to date info. All that info needs to be done before closing on a property

Sent from my SM-G950U using Tapatalk

 

[Panzerwaffe]

where is it listed as subdivision recreation area? in the recorded deed to the 5 acres? is there an HOA of any sort that pays taxes on it? are their any rights to its use or access referred to on your deed or any of your neighbors?
if it was an informal understanding and nothing on record then there is a problem with its continued use unless you or someone was willing to sue the property owner who has blocked the access and put forth a claim that an easement had been created. hard to say how that would go. Best to just get a real estate lawyer to look it over

 

[darrenmd]

I have had this happen to me multiple times:

1. I buy a property
2. I secure the property (gates etc)
3. Despite gates, fences, signs etc., people continue to use the property
4. Trespasser get confronted.
5. "But we have been using the property for years!!!

Really the thing to do would be to approach the new neighbors with cold beer/bottle of wine and ask if your kid could keep fishing there once in a while.

 

[araomd]

View attachment 1596903

?

 

[Realstudent368]

Ö

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View attachment 1596903

It really doesn't tell enough...

 

[yellowhammer]

visit the county tax assessor`s office

 

[Swab]

visit the county tax assessor`s office

I did