Home Selling in 92679>Question Details

Justasking, Home Seller in 92679

Re: a deeded garage was discovered taken over by another owner of condo. How can it be taken back? Or should it just be sold to present squatter?

Asked by Justasking, 92679 Sat Jul 2, 2011

My neighbor bought his condo property and then discovered according to the deed he also owns another single garage but someone else had taken it over. They had it when he bought his property. Can he now get it back? Property was purchased as a foreclosure back in 1999. Is there a statute of limitations?

Help the community by answering this question:


Your neighbor should contact a lawyer.

Even if it's deeded to him, he may not own it any longer. (That happened to me.) In my case, the tax bill for the garage space was separate; the ownership (deed and lot number) were separate. The city failed to send my lender (or me) the tax bill. Eventually, the city sold my space to someone else for back taxes. I still had the deed, but no longer had the ownership.

Your neighbor can do a bit of preliminary work on that by checking public records and seeing whether he's still listed as the owner.

If there was a title problem, then--if he had title insurance on the garage space--he may be able to get the title company involved on his behalf.

If the problem is just that there's someone else using the space--it's still deeded to your neighbor, he's been paying taxes on it, he's still listed in the public records as the owner--it's likely he can get it back.

I'm not a lawyer, so this isn't legal advice. What your neighbor may be concerned about is what's called "adverse possession." But your neighbor needs a lawyer to sort through all the factors--such as I mentioned above--and then recommend a course of action.

Hope that helps.
1 vote Thank Flag Link Sat Jul 2, 2011
Don Tepper, Real Estate Pro in Burke, VA

I would also suggest your friend chat with an attorney. There is such a things as adverse possession...and an attorney can help them determine the best course of action.

0 votes Thank Flag Link Fri Jul 8, 2011
Hello Mr. Just Asking! It seems you have offered your neighbor to help him in his issue. I think the best help is to find him a Real Estate Attorney. He might have to pay the consultation fee, but it is worthed if his Garage space is very important to him. As far as my knowledge, he is very unlikely have the ownership of the space anymore. The title company would not just do the search for free for him, they also charge the search fee. But if he consults an attorney , they have free service from Title companies.
Good Luck
0 votes Thank Flag Link Sat Jul 2, 2011
Hello just asking, I would contact a lawyer for help about this situation. He will need his documents that he rec'd as a foreclosure for review by the attorney. I am sure he will need at least that to start and may ? need to run a current title search. Good luck. Ingrid Ski Realtor
0 votes Thank Flag Link Sat Jul 2, 2011
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