Unmarketability/Cloud on title
Began as a prerogative writ litigation to overturn planning board approval for major subdivision. Application showed overlaps on neighboring properties. Litigation was then filed to establish boundaries. Expert reports provided issue of a 50' strip of land created in early 1900 deeds. Deeds confirmed strip of land as located between litigants properties. Attorney for plaintiffs entered into agreement (without any knowledge or consent from plaintiffs) which resulted in a court Order demanding a boundary agreement. Order confirms strip of land, deed which establishes it, encroachment of lots and then demands boundary agreement between the parties. While the Order does not specify the exact boundary agreement to be entered into it is undoubtedly located within this 50 ft strip (confirmed as not belonging to any of the litigants). My title insurance was notified at onset, refuses coverage. My home sits on a portion of this strip of land and the remaining portion is an easement which services the properties landlocked to the rear of my lot. Documentation strongly suggests disingenuousness on part of title co. and attorney.
Answer
Re: Unmarketability/Cloud on title
I have read what the other attorney wrote. As usual, John is right on point.
I am NOT an engineer, but I have been doing land use and planning law for...oh, over ten years.
I am in northern NJ, so let me know if you can use my help.
What you are describing is a mess, in which your land rights are being affected by someone else's court fight. Get a lawyer working for you.
If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss
this with you; a brief telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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Answer
Re: Unmarketability/Cloud on title
You were not specific about it, but I am guessing that you currently need the boundary resolved, an opinion on whether you have a cause of action against your title insurer, and an opinion on whether or not you should do anything about the settlement entered into without permission.
By first profession, I am an engineer, so boundary land use issues are fun for me. Unfortunately, the space for your question does not allow you to give nearly enough information to help very much. My firm handles matters of this type, however it may be easier for you to work with a lawyer whose office is closer to you. (You did not give your Zip code.) If I can be of further help to you, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.
See also: http://info.corbettlaw.net/lawguru.htm
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