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Discussion Starter #1
Was called by a neighbour today about a five acre square in my home quarter. During seeding land titles wrote to tell me that this land had not been transferred from the previous owner because the owner before that hadn’t transferred it to them. Land titles said the owner was will to release the land for transfer provided no cost was involved to them. Now today the neighbour said he offered the owner substantial money for the plot so he could build more houses on it like his field next to it. Problem for him is I own everything around the plot. I’ve farmed the land for 16 years and only now has the ownership come into question. Until land titles letter we were unaware that we didn’t own it. Where do I legally stand. The plot is land locked and has no access only over my land which won’t be happening. Rather not throw money at the lawyers but I think it’s the only way to resolve this. Really made my blood boil when this guy told me that he was going to buy it and would I be interested in a land swap so he could have access to it. Thanks.
 

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I don't know about your laws up there but here after a certain amount of time if the land is utilized by a party without opposition from another party the land is considered to be part of the adjoining farm as in your case the 5 acres is yours.

I' going through a similar battle here in a pasture along an abandoned RR right of way in which its shows the rail easement 75' past the existing fence into my property. Adjacent landowner is trying to force me to move the fence which won't happen. Existing fence that has been in place here for 7 years or more and unchallenged is considered the boundary line. In my case the RR was responisble for placing the fence which was done 40+ years ago, he has no case. Its called "boundary by acquiescence".

I don't know if any of that is relevant to your case. You've got a real bullshit deal.
 

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Unless I'm not understanding something here, In order for it to have separate title it would have to have been subdivided at some time and it would HAVE to have access or the subdivision would never have been approved. If it somehow has no right of way and you have no intensions of providing one, what does this guy think he's going to do with it??.
 

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Unless I'm not understanding something here, In order for it to have separate title it would have to have been subdivided at some time and it would HAVE to have access or the subdivision would never have been approved. If it somehow has no right of way and you have no intensions of providing one, what does this guy think he's going to do with it??.

Agreed. As long as he has no access, forget about it and carry on.
 

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Tell him the only thing he can build there is a helicopter landing pad, because that's the only way he will ever be able to get to it. How long was since the original owner didn't transfer the land to the last owner who you bought it from? Fairly certain there is a time limit in a situation like this.
 

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Discussion Starter #7
Was bought in 2000 by my family and I bought it in 2003. Previous to that it was sold by the people wanting to sell it again in 97. Lawyers never caught the **** up back in 97 so my lawyer never had that parcel of land to transfer. Going to check with the RM to see if my property tax included those acres. As for claiming the land I’ve read that adverse possession is not allowed in mb or Ontario.
 

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Didn't your lawyer do a title search when your family or you bought it? If this guy claims ownership and hasn't paid his taxes for 19 years then the local gov't would have long since taken over!
 

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Call up the neighbor and tell him you’d be all for selling him the land to join it to his block for a bargain of 5,000,000 an acre.
 

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Well you have are interest now. Hopefully just a mistake by a paper pusher. Hopefully you get a shyster that wants to help rather than just take your money. Well hope this does not drag out for years,and you can get it behind.

In this part of the world title insurance company is responsible to see this kind of surprises don't happen. I guess you don't have to use them but very uncommon not to use them for escrow of deeds.


Paper pushers gave my dad about 2 acres back in the 1970's with the tax slowing measure on California's ballot known to the world as Prop 13. About 15 acres had been given as a public cemetery back before 1890, from a parcel he bought in the 1940's. A little seasonal creek ran one edge and it was not included in the cemetery fence. So paper pushers decided my dad should be paying taxes on that 2 acres. Rather unusable for anything but grazing with a creek in the center of a 50 yard wide strip of land. But they made it a independent parcel. But it had to become part of the larger parcel to settle the estate at my dads passing. But they have got property tax ever since. May be a good tax move to give it back to cemetery some day.
 

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If you are looking for a new lawyer, P,K&F out of Morden have been very thorough and reasonably priced in my experiences with them.
 

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If its not shown as missing from your title then your beef is with the person your family bought it from. Have you made certain that it actually exists on any title? This is a very strange situation. He may owe you a big bunch of taxes plus interest at the very least.
 

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Discussion Starter #16
I have confirmed today that it is on a separate title. The RM has included in my taxes until this year so My family has paid taxes on it for nearly twenty years and the previous owner for three. I spoke to the owner today and he said it was intended to be included in the sale to the guy we bought it from but a year ago land titles discovered the anomaly. After the RM informed him of the issue they sent me a letter saying the owner was willing to transfer it provided they incurred no cost. But since the neighbour has been interested in it he now wants 25k. But if I’d like to make a reasonable offer we could deal with this rather that pay lawyers. I kept it all amicable but felt like I was boiling inside. He’s already been paid once for this land and because of a lawyers oversight thinks he can have another slice of the cake. Told my lawyers that we weren’t going to pay anything and to put a stop to it being sold to anyone else. Also I still have the original offer to purchase which states that the acreage that it’s part of is 100 exactly. Not the now 95. So the discrepancy in the size has been missed by two separate lawyers. Hope this next one is sharper and resolves this.
 
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