Legal Question in Real Estate Law in Virginia

I am interested in filing a quiet title on property that was willed to me and my brother by my mother who inherited the property from her grandmother, who inherited the property from her husband back in 1952. The property has been surveyed and all the deeds are in place. While trying to sell the property recently, we learned that part of the land was deeded to my great grandmother husband's ex-wife. We do not know his ex-wife or her heirs. If she is still alive she would be around 126 years old. My great grandmother, mother, me and my brother have lived on the property and paid the taxes since at least 1952. I believe the best way to resolve the issue with the title is to file a quiet title claim with the courts and since the potential defendant is not known, put a notice in the local newspaper of the complaint. What happens after that? I live in Virginia.

Asked on 3/22/16, 11:08 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

If the current owners are known to be the heirs of the person at issue, then a declaration of heirs should suffice. But you are correct that you may need a quiet title action (or adverse possession), served on unknown heirs by publication.

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Answered on 3/23/16, 3:28 am

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