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Abstract detective work yields few results

Q. Talking to a new neighbor, we were discussing his property abstract. I wanted to read my abstract, so I contacted the office that handled my closing in 1995. They didn't have my abstract.

I called a local title insurance company to see if they could assist. They did not have the abstract but did locate a copy of a receipt (copy attached) dated 1995 between an abstract company and a different title insurance company. So I contacted the second one, which had changed its name, and they do not have the abstract.

The abstract company is no longer in business, but some of its employees and their former CEO now work for another title company. So I called their chief title officer/partner asking for assistance. He offered to create the redate portion of the abstract for the normal redate charge, about $300, and create the earlier title portion for free.

I then contacted the company that held my mortgage when it was paid off in 2010. The original mortgage was with Fleet Bank, then Bank United bought it, then Washington Mutual and finally Wells Fargo. Wells Fargo sent me a letter that they were unable to provide a copy of my abstract.

Do you have any suggestions on how I should proceed? Should I pay to replace the abstract now?

A. I can understand your wanting to read your abstract. It can be fascinating to see the legal history of the land on which your home stands, especially when the documents go way back. For my house, that involves the names of pioneer settlers.

I enjoyed hearing about your detective work, and reading the five pages of emails you attached to your query. It looks like lots of people at various offices have been trying to find your abstract.

But you'll notice that one email, while asking someone else in that office to double-check the files, adds that there is "no new deal in the works." She noted that because an abstract is usually needed promptly, to prove to a buyer that the seller really owns the place and has the right to sell.

In every area, legal circles have an agreement about how many years back an abstract needs to go. That offer to redate now for the normal fee, and also include earlier documents, is generous. But even so, if you ever sold your home, someone would have to search the public records yet again and bring the abstract up to that date.

So unless you're willing to spend $300 just to read the history of your property, you might as well drop the subject until you're ready to sell. Or - if your neighbor's abstract goes back far enough - you may find early ownership of your land included in his.

Q. What can I do about a feral cat that is ruining my $1,200 cedar fence and killing the bottom of my $3,000 row of arborvitae by scratching and spraying?

My neighbor feeds the cat and has provided a shelter for it, but disclaims ownership of the animal and therefore responsibility. One local animal office tells me that if you feed a cat for three days and provide shelter, the law construes it to be yours.

I don't want to do any harm, only to trap it and take it to some animal shelter where they can find it a home. But it is impossible to trap. Am I totally helpless in this situation where I can do nothing to stop the slow destruction and value of my property?

A. You probably shouldn't try to trap a creature that the law may consider your neighbors' property.

I've seen ads in garden catalogs for devices that broadcast inaudible high-pitch sounds intended to scare animals away. Perhaps that would solve your problem.

Q. Regarding the lakefront cottage inherited by the sisters, I so get the whole thing. People forget how they came to have such a blessing if it starts to feel like a curse. I'm sure their mother never wanted them to shut each other off over her generous gift. She could have left the cottage to a bird-watcher society.

Given the high prices of some waterfront property, being asked to buy their sibling out may have scared the others into anger or silence. Here is an idea. The one who wants to sell her share could float an offer that the others pay her an affordable amount over a number of years.

A. Thanks for suggesting a thoughtful compromise. Judging from that letter, though, the family problems may involve more than just the cottage.

• Edith Lank will respond to questions sent to her at 240 Hemingway Drive, Rochester, N.Y. 14620 (include a stamped return envelope), or readers may email her through askedith.com.

© 2015, Creators Syndicate Inc.

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