By “secretly” I meant without the owner’s knowledge. You’re right that land records are public records. My advice was for the OP not to tip his hand by asking the current owner(s) for their opinion(s) on the situation. Nor by filing an action in court before researching all the facts.
My interpretation of the OP was that this is undeveloped land. Which means nobody is on it day to day. Taking a survey without the landowner’s awareness is logistically trivial. And is exactly the sort of illegal and debatably moral subterfuge necessary to accomplish the OP’s goal.
Which goal is: to get a bargain at somebody else’s expense by having them sell something that’s actually more valuable than the seller thinks it is. Due to what the OP now believes to be defective records that do not match reality on the ground. Which belief, IMO, has little support beyond wishful thinking as of today.
If he’s gonna be a crook, or at least a sharp-elbowed businessman, he needs to understand what doing that job right entails.
Whether he *ought *to do such a thing is on his head, not mine.
Oh, you’re a prospective buyer? If you don’t know the legal system inside and out, I’d find a property without a defective title or disputatious neighbor. At best, you’ll have to pay a lot of legal fees, at worst, something like adverse possession could stuff your claim completely AND cost a heap. Personally If you’re really determined to do it, I think talking to a surveyor first on the history of the property would work out cheaper and clearer than lawyering up immediately. (but I’m biased cause I work for one, and if you pursue a claim, you’ll hire both anyway)
Going back to this post for a bit, when was the title deed issued? Pretty sure that the deed takes precedence over record maps everywhere, so if the deed relinquished rights to the disputed bit you won’t have any claim to it. I dunno, it’s hard to work out without seeing it graphically, and I’m also not US based, so I hope I’m not missing anything there. Sounds to me like perhaps there was a legal battle in the past and the titles were amended to more clearly delineate who owns what.
It’s not a subdivision and I said in the OP that the legal descriptions are not online. Also in the OP I talked about it being a gap or overlap where property lines didnt line up - now I’m assuming from when the new deed was written up a couple years ago.
But others have said that someone has to own the land. It doesn’t appear to be deeded to another parcel nor does it appear to have been a splitting of the parcel. My best assumption is that it was an error on the 2013 deed. To correct what some in this thread think, I am not looking to buy the open parcel. I may buy the owned parcel and try to get the extra 0.5 acre later. If I get it - great. If not I’ll still have the original acre.
Yeah, and I’m saying it’s probably not you. As a rule of thumb overlaps are required to be resolved when new deeds are issued. Give us a screenshot of the GIS if you want informed advice.