You made the purchase arrangement through a TEXT? And you closed the deal, not with the seller, but his FRIEND instead??

Well, no offense, but WHAT WERE YOU THINKING?? Obviously this was a disaster from the very beginning and I fear you have been taken advantage of. You need a lawyer now.

Get a lawyer. That doesn't necessarily mean you will blow a fortune on a lawsuit, but you absolutely need to understand your legal position before you do another thing.

^ +++

In addition, the “you should have known better“ posts are completely unnecessary. At what point did kicking someone who is down become acceptable? Yes, being naive can sure get you screwed, but showing a little compassion never killed anyone, even if you don’t feel it.

OP, maybe it was a mistake, but maybe you were conned. Find the number for your local Legal Aid office (maybe from the nearest courthouse?) and get help. If you can afford it, hire your own lawyer.

I was serious.

Hire an attorney for one hour. That won't break the bank, hopefully. He/she can look at all the documents, texts, etc. and tell you what your options are.

Not obtaining a title search is the elephant in the room, though, because you have no idea if either property (the one you were deeded nor the one you were supposed to have been deeded) have any kind of liens against them (mortgages, taxes, mechanic's liens, judgments, etc.).

Generally speaking, in most real estate transactions, the process goes something like this:

1. Buyer and Seller agree to property and price.

2. Survey is done, if necessary, to properly identify all boundaries, particularly if the properly is being sold off a larger tract.

3. A contract is drafted (usually by a realtor or attorney) that identifies the parties, the tract's legal description, price, and closing terms. A title search is ordered on the property to identify any encumbrances.

4. Attorney completes title search; lendor (if using one) and attorney finalize closing documents (promissory notes, mortgages, deeds, etc.).

5. All parties execute the appropriate documents, usually with the lendor or the attorney with all money flowing through an escrow account to ensure that all prior liens are paid in full giving the lendor a first position on the property or the buyer the property free and clear.

6. Deeds and mortgages are recorded at the local court house.

***********************

I realize that most here know this process through life experience but just wanted to put this out there for anyone who may stroll by this thread in the future via google search, etc.

So let's look at this objectively...

I know this is a stressful time, but are you comfortable telling us the amount you paid for the land? Additionally, I have had friends who were attorneys close deals too, was this friend that he had close the deal an attorney?

There are two possible scenarios for what has happened to you, (1) it was an honest miscommunication which you will need some help to sort through, (2) it was a scam and you are going to need someone to lean heavily on the seller such that he believes it is not worth the risk. This has all the earmarks of a scam, however, that doesn't absolutely mean it was a scam. Scams are set up to look like mistakes and thus it is possible it was just the actual mistake this scam is based on.

Most states have a consumer protection division within the Attorney General's office, I have used them twice and both times was given a full refund. In my case, the office contacted the other party and asked if this could be resolved before they opened up a criminal investigation. It is amazing how fast the words "criminal investigation" change perspectives.

You are going to need help sorting through this mess and an attorney is a logical person to provide that help. You might even ask that your attorney contact the Attorney General on your behalf, if he also believes it is a scam. However, I caution against spending a dollar chasing a dime.

Good luck

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I have skipped quite a few of the above listed steps for normal real estate transactions. However, the one step I would never skip is a title search by an independent professional. A title search is an absolute requirement for a real estate transactions.

^bry911 nailed it.

So it is a bad idea to take notes and keep record of events? If events keep going in the direction they are going, perhaps the OP can profit from sharing the experience at some point in the future.

It is unfortunate what the OP is going through, but they will recover from it most likely unscathed. They are getting some good advice in this thread including mine. There is no need for me to suggest for the OP to get an attorney, everyone else already has.

Believe me I have been in situations in my life where nobody would ever want to be, worse than the "misery" the OP is going through. Events that have scarred me for life. In one of the events I had an attorney advise me to write a book about what I went through, and he was serious too.

It is disheartening to have my comment taken wrong then attacked about it and others finding joy in it. Thanks a lot!

Mark - it was clear what you meant and that it wasn’t intended to be helpful (even your pal Virgil seemed to read it the same way as everyone else), but it’s nice to see that you can take the time to write a thoughtful comment. It’s not hard to be kind, or to stay silent. Have a nice day.

I am sure that there's more than enough information in this situation which would make a fine book to help first time purchasers and the unwary.

Write the book.

From reading the OP's posts, I doubt very much that a book deal with ensue.

It's very sad, and I hope that he/she will prevail.

Book or not, there's a clear message here: always have someone with expertise vet the contract and do a title search. While that's often a lawyer, where we live you can also use a conveyancing firm (essentially paralegals). The cost for us has been a few hundred bucks each time, whoever we use, so money well spent.

It’s an interesting dilemma - many people have the background to know that they need to get expert help for this stuff, but many more don’t. It falls into the “things you don’t know that you don’t know“ category.

I hope that OP has a network of friends that can plug him/her into sources of help.

Let's be honest, it is not an interesting book. It is the same old story and no one read the book the last thousand times it happened. Someone with more information and/or experience took advantage of someone with less information and/or experience. Real estate scams were old news when George C. Parker started selling shares of the Brooklyn bridge, so can we stop with the advice to write a book so other people can learn?

@ Mark, as your post are never snarky at all, I can only imagine the depth of your despair at this mischaracterization of your intentions. I hope that you have the strength of will to even get out of bed tomorrow. Just remember that, this too shall pass. Best of luck to you, and know we are rooting for you in your time of hardship.

P.S. I actually like snarky Mark... Sorry.

ETA: I don't find the flippant remarks to be all that bad, and I don't believe there is ill intent, but I think you might be overreacting to the mischaracterization. A point I was trying to make with levity, which apparently was taken otherwise by some...(I am not sure why I need to run around the block).

Thank you bry911 for exposing yourself for what you are.

ETA: You are right, I probably over reacted to your comment. I will leave my comment to show what I are. I am glad I am at my Detroit area office rather than the Traverse City office, the block is much smaller.

Ok, erebody go out and run around the block three times.

We should all know by now that posting on the Interwebz is fraught with difficulties and misunderstandings. Maybe we should all give one another a pass on the last three posts each and move on with our lives, and with the OP’s issue.

Bottom line is the OP needs to engage the services of the attorney and glean the comments here for what he/she finds helpful. (putting on my running shoes)

Writing the book is a standing joke at our house. Without the ability to see humor in despair, I would have shot myself a long time ago.

Thank you, shivece.

shivece - ditto.

My first boss told me to keep a notebook so I could write a book later.

I am now sad I didn't listen.

Should I keep mowing the land I thought I bought or should I not? I’ve been mowing that land for over a month

Why would you mow grass that is not yours? What has your attorney found out in regards to the land discrepancy?

Don't waive the attorney client privilege here on the Internet. Just tell us that you hired a competent attorney and I'm sure everybody will feel better for you.

Forget mowing anything. You're under no obligation, plus you're probably trespassing. If you haven't yet done so, get to an attorney.

Yes, continue mowing, if you continue mowing, you can file eminent domain, also start mowing the property the city wants you to mow.

Jim Mat - eminent domain is when the government takes property from a private citizen.

I think the term you are looking for is adverse possession. However, adverse possession requires a minimum of 5 years, and up to 30 years, plus some other requirements (all depending on the state where this property is) before he can get rights to it.

I really don't think it's advisable for him to cut the grass on this property for the next 5+ years in the hopes that he will one day own it.

OP, this is why you talk to your lawyer, instead of listening to strangers on the internet.

I'd mow the grass on the lot that you own to avoid the fine.

After you talked to an attorney.

I think Jim Mat means adverse possession. Good luck with that. You might mow for 10 years and still not end up with both lots!

Have you contacted a real estate attorney?

This has to be a joke.

Don't joke about this or you will get attacked and then their comment will be removed.

Ask the man who's been through it...

Yes, adverse possession, Go For It!

If this is for real, and the OP doesn’t know how to use google, vs using Houzz. Good luck.

II often think the posts on forums are for social media, I.e., why ask anonymous posters vs doing google research.

I'm with dbrad - the OP is more interested in getting answers to the mowing question than in anything else.

You CAN NOT get adverse possession by mowing, anybody who tells you that is lying..

To get adverse possession - you have to pay the property taxes on that property, you have to live on that property, you have to take care of that property. You have to break the law and get away with that for years... to be able to claim it. Mowing neighbor's lot does not give you adverse possession. As long as the owner pays property taxes ... it is enough to defeat any adverse possession claims.

Do not give or receive legal advice on the internet. I once had an adverse possession case that turned on the maintenance of a single cactus. Property law is crazy. And very local.

OP - the reality is, you made a mistake by not having an expert go over your contract and conduct a property search. Do not compound that mistake by sitting back and hoping this will all sort itself out. You must/must get legal advice. You must do it now. Half an hour of a lawyer's time is not going to cost a fortune, but will give you the information you need to decide what to do next - and you do have to do something next.

To get adverse possession - you have to pay the property taxes on that property, you have to live on that property, you have to take care of that property. You have to break the law and get away with that for years... to be able to claim it. Mowing neighbor's lot does not give you adverse possession. As long as the owner pays property taxes ... it is enough to defeat any adverse possession claims.

I am not trying to start a fight, but I assure you, that is not correct. Paying taxes is not enough to defeat an adverse possession claim or even come close to it. I believe most states hold that mowing alone is not enough but if I remember correctly, several states will use mowing to start the clock.

And in most states, all the true owner has to say is that they "gave permission" for the property to be mowed, used, maintained, etc. and any adverse possession claim will be denied. We had a family member try to claim it on some land we owned years ago and it ended up in court. Because they had been given permission by my FIL, it didn't go in their favor.

Pretty sure this post was a joke

Get some lime and a shovel and bury the seller on the land he sold you.

I am not trying to start a fight, but I assure you, that is not correct. Paying taxes is not enough to defeat an adverse possession claim or even come close to it. I believe most states hold that mowing alone is not enough but if I remember correctly, several states will use mowing to start the clock.

Each state may impose additional statutory requirements. Indiana adverse possession laws impose an additional statutory requirement and have altered the language of the elements. Under I.C. § 32-21-7-1, one additional requirement for Indiana adverse possession is that the adverse possessor, in good faith, needs to pay all taxes due on the land during the period the adverse possessor claims to have possessed the land adversely. This has been weakened a bit with substantial compliance with paying taxes, still you have to do it. It has to be open and notorious, hostile or adverse, exclusive, visible, actual, under claim of ownership, along with continuous for the typical statutory time period of 10 years.

Very difficult to meet. I have a farm property we check on it once a month we owned it for 8 years. The driveway is blocked also someone already tried to remove it multiple times, someone ever tried to call police asking to remove it on my behalf, call the police again tried to bogus claim danger to "the public". PPL are a.....

Pretty sure this post was a joke

Sadly, these things do happen to people who don't take proper precautions when buying land. It is for such cases that things like title insurance exist! It's also the reason most people DO go through an agent or a lawyer when drawing up such a transaction. SOMEBODY needs to check the legal description against that on the deed. And many times it's a lot of gobbledygook to people who don't know the language. Legal descriptions are usually made up of distances and reference points, "this so many feet of the Southwest corner of the northeast quadrant of section 190, etc., etc."

I think at this point, the OP mostly has 2 things to do - 1. contact a lawyer and 2. serve as an example to others.

I’d like for the OP to come back and give us an update.

I’d be surprised if he/she legally owns anything at all, in spite of what he/she believes. I think it was a scam and the seller and money are long gone.

If the city is coming after him for not mowing a property, he presumably owns something. That doesn't mean it still wasn't a scam...

following

@BT

I dumped your first line into Google with quotes and the next paragraph was, "Uniquely though, this statute requiring the payment of taxes was enacted in 1927 due to a large number of squatters claiming title to land; this statute has rarely been applied to many adverse possession decisions." [emphasis mine]

When looking further into precedent on how the court's have handled the law, you find a great summary of precedent and cases in Fraley vs. Minger

https://www.in.gov/judiciary/opinions/pdf/06200501bd.pdf

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Some legal commentators expected that the adverse possession tax statute would "blow the lid off the kettle" with regard to the doctrine of adverse possession. Neu at 219. In the first twenty-four years after the adverse possession tax statute was enacted, however, this Court neither cited nor relied upon the adverse possession tax statute in seven decisions involving adverse possession.

[...]

During the past twenty years, however, several decisions of the Court of Appeals have construed the adverse possession tax statute as interpreted in Echterling by viewing its purpose to be that of providing notice to the legal owner and concluding that, where clear notice was otherwise provided, courts could disregard the statutory requirement for payment of taxes by the adverse claimant. In Kline v. Kramer, 179 Ind.App. 592, 600, 386 N.E.2d 982, 989 (1979) [emphasis mine]

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So the precedent is largely to ignore the tax statute. So I say again, paying taxes is not enough to defeat an adverse possession claim or even come close to it.

Following

Errors in the legal property address or legal description could cause more serious problems. If the information listed is incorrect technically there is no binding contract between you and the seller because the wrong property was sold.

Its the sellers obligation to fix this this before the deed was transferred to you. This is one of the main reasons why buyers need title insurance so your real estate purchase is covered and protected.

Contact your attorney, most likely this needs to be done through title insurance company, they should cover for title defects in regard to errors (if they're errors), not excluding the recording of the wrong property address.

If this was a scam, your attorney will suggest what needs to be done to get to the bottom of this.