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Michael Paschall
  • Defiance, OH
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How do I cloud title on an encroachment?

Michael Paschall
  • Defiance, OH
Posted Jul 18 2020, 17:55

I bought a property that I want to keep, so it’s not just a title claim. However, the survey shows 3 foot of the neighbor’s side porch and garage addition are on my property. He’s in a very elderly, in a nursing home and close to dying. His sister has his Power Of Attorney, and said she called a title company and was told I’m making this issue up, so she doesn’t believe me. I have the survey already done.

I don’t want to cause him trouble, but how do I cloud his title so the property can’t be sold without going through me when he dies?

I would be interested in buying it from his heirs if possible. My local title company said they don’t know how to cloud the title. I would like to have a cloud on file, so I get informed when the time comes. Thanks, Mike in Ohio

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