How to change the wording of a deedif it does containsa provision differentthen what the county records show?

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How to change the wording of a deedif it does containsa provision differentthen what the county records show?

When our property was sub-divided in to 2 lots it was set up for 2 driveways. When the property was first sold they added to both deeds that they wanted a common drive. When the property was sold to me and the new owner of the second lot it was not in our deeds. I checked with the county and they say that there is no common drive due to the original sub-division. It is not shown on the plats and there is no description of where the common drive would be in either deed. How do I get this removed from my deed? I know the owner of the other lot will fight me on this, but I don’t think he has any say in this matter.

Asked on January 17, 2011 under Real Estate Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This question is best answered by an attorney in your area.  The deeds in question need to be researched and reviewed by an attorney who is familiar with the area and the law therein.  It seems that the second deed added something that was not permitted under the subdivision.  It should have mirrored the first deed that was filed unless it was legally subdivided with a request to add the driveway and the request was granted by the appropriate agency in your county.  Then when it was transferred to you it was done incorrectly. But this type of forum can not lend itself to helping.  One needs to read the deeds in their entirety.  Good luck.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So what does it say now, 2 driveways? If there is currently no description of a common drive, it doesn't exist.  If you wish to have the two driveways in your deeds, you will both need to show that was the intended deed. Are you saying there was a bait and switch? If the common driveway is not in your deed, and you have a copy of it, then all you need to show the registry is your copy and hopefully they will replace it as the other one being registered in error. If the other owner will fight you on this, you will need to file a court motion for a declaratory ruling and if you win, you take that to the registry of deeds. Consult with a land use attorney who has extensive experience in deeds, and plat maps.


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