Escrow company did not find issue with property deed/title and I now own partial lot

[Mark Spritz]

Not sure what my options are. I was sold a property that I was told was on a particular sized lot. The Lawyer/Escrow company did not find out that part of that lot was considered a separate lot. So basically, there are 2 properties with separate deeds and title. However, I am being taxed by the state for the entire lot, the previous owner thought they owned the entire lot. But now we find out that now well after closing that I do not own both parts of the lot. I have been told I now have to spend 5K on a Quiet Title Action. But it isn't my fault that the escrow/title company did not figure it out on their own. I thought that is what we pay them for.

What are my options besides the Quiet Title Action, because I shouldn't be at fault for something someone else missed. And I already asked if they can go through the deed/title warranty. I feel I should have a case against someone that made the mistake and have them have to cover any costs.

Thanks

[Richard F.]

Aloha,

Did you NOT have a survey done? Or look online at Property Tax GIS maps? Title companies are only going to look at the Tax Map ID or address provided on the Purchase Offer, and check Title of that parcel only. Not their job to tell you where or how it is situated. What prior Owner, or you, thought or were "told" is meaningless. It is you/your Agent's responsibility to carry out Due Diligence to investigate the facts.