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#21491 - 06/06/06 07:17 PM A Quit Claim Deed in the Nears
Kent Offline
old hand

Registered: 01/21/00
Posts: 1038
Loc: The Bayards
In the interest of brevity and in the interest of protecting the privacy of the individuals involved, fewer details are provided this time.

As with the Mary Lue Smith quit claim deed, the Near Trapps seller had previously sold land to the current owner. Again there was an error in the transcription of the deed. The Preserve discovered the error and, through an intermediary, approached the seller explaining that the seller might still hold an interest in the land they thought they had sold. A quit claim deed assigning any rights the seller might still have to the Preserve was filed in the Ulster County Clerk's office on January 27th, 2004. Said Mohonk Preserve quit claim deed was subsequently discovered by a title searcher.

In light of the Mary Lue Smith and Near Trapps quit claim deeds, every Mohonk Preserve neighbor has good cause to be worried about the integrity of their land holdings. Doubly so because the Preserve has failed to disavow the use of confrontational quit claim deeds after being publicly asked to do so by thirty Mohonk Preserve neighbors.

A copy of the aforementioned quit claim deed is available upon request.

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#21492 - 06/06/06 07:20 PM Re: A Quit Claim Deed in the Nears [Re: Kent]
oenophore Offline
Carpal Tunnel

Registered: 09/24/01
Posts: 5969
Loc: 212 land
Would you say that the Preserve's neighbors would do well to buy title insurance?
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#21493 - 06/06/06 07:24 PM Re: A Quit Claim Deed in the Nears [Re: oenophore]
Kent Offline
old hand

Registered: 01/21/00
Posts: 1038
Loc: The Bayards
I would say it would be neighborly and respectful of the Preserve to not use quit claim deeds to exploit defects in deeds as a means of acquiring land from their neighbors.


Edited by Kent (06/06/06 07:25 PM)

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#21494 - 06/06/06 07:37 PM Re: A Quit Claim Deed in the Nears [Re: Kent]
irisharehere Offline
Site Supporter

Registered: 12/06/01
Posts: 1658
Loc: Danbury CT
It would certainly cause me to think again about my plan to buy a life membership and donate a chunk of cash to the Preserve, as soon as I could afford it.

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I didn't spend nine years in Evil Graduate School to be called "Mr Irish", thank you!

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#21495 - 06/06/06 07:47 PM Re: A Quit Claim Deed in the Nears [Re: irisharehere]
Smike Offline
Carpal Tunnel

Registered: 05/01/01
Posts: 3143
Loc: in your backyard
Is there any numbers on how many quite claim deeds have been filed in Ulster County and by whom?

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#21496 - 06/06/06 08:04 PM Re: A Quit Claim Deed in the Nears [Re: Smike]
Kent Offline
old hand

Registered: 01/21/00
Posts: 1038
Loc: The Bayards
Quote:

Is there any numbers on how many quite claim deeds have been filed in Ulster County and by whom?



I know of these two because they have been, more or less, dumped in my lap.

It would be an interesting and worthwhile endeavor to research the deed history of every parcel abutting the Preserve as well as all of the parcels they have acquired over the decades, but that would take a bit of skill and a considerable amount of time. Two could be the total number of quit claim deeds or two could be the tip of the iceberg. Other "creative" methods of land acqusition might be discovered as well. If I have time in the future, such research may become part of a book or an environmental history doctoral dissertation.

Skulduggery: A Land Acquisition History of The Shawangunk Ridge


Edited by Kent (06/06/06 09:10 PM)

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#21497 - 06/06/06 08:23 PM Re: A Quit Claim Deed in the Nears [Re: Kent]
pedestrian Offline
Pooh-Bah

Registered: 08/05/02
Posts: 2244
Loc: a heavily fortified bunker!
I'm tempted to make an analogy to the "defensive patent" strategy employed by certain software companies, but I'm not sure this is the time or place.

seems the preserve has, at minimum, a big public-relations fight ahead of them depending on how they choose to proceed with this type of deed. Are there posted boundary-signs at issue?

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