Legal Question in Real Estate Law in Virginia

Suit to clear title

I own 52.5% interest in 400 acres in Virginia. There are 10 heirs to 23.75% and one individual has quit claims totaling 23.75% that he got from 5 other heirs. The 10 heirs that have 23.75% are willing to sell if I bring suit to get a clear title, but the individual that owns 23.75% is nowhere to be found. We have tried everything to locate him including his SS #. Twice we have traced him to a mail box drop, and then he closes the box. Now we can't find him anywhere. We have been trying for the past 10 years. What do I need to do to get clear title if I can't find him?

Asked on 7/05/06, 3:39 pm

2 Answers from Attorneys

Thomas Dunlap Dunlap, Grubb & Weaver, PLLC
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Re: Suit to clear title

As part of the quiet title suit you would seek to have a court appointed guardian ad litem for the "heirs unknown or not found" you would advertise the property and issue pursuant to a court order. I have served as the guardian ad litem in these type of cases and have served as the attorney as well. I would be happy to talk to you about it if you have more questions.

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7/05/06, 3:43 pm
Robert Strupp Robert J. Strupp,Attorney at Law, PLC
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Re: Suit to clear title

Greetings,

You would likely be filing a quiet title action in the jurisdiction where the property is located. Who is responsible for maintaining & paying taxes for the property? Facts may lead to an abandonment argument as well.

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Robert J. Strupp

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7/05/06, 3:45 pm

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