Council settles dispute over tiny lot's ownership BY KAREN E. BOWES Staff Writer KEYPORT - Like the ending of a Nancy Drew novel, the case of the disappearing deed has been resolved. On Nov. 6, the Borough Council voted 4-1 to grant Linda Yost, Marlboro, the original deed to a piece of property her parents bought in 1948. Up until last week, the borough questioned Yost's ownership of the tiny odd-shaped parcel because she could not find the property's original deed. Located on the corner of 7th and Fulton streets, the empty lot borders two houses, one of which is owned by Yost. With no deed on file at borough hall, ownership of the tract, which is 160 feet long and 40 feet wide, has been in dispute for the past two years. At that time, James Carton, owner of the lot next door, made an offer to the borough to buy the property. Carton, who described the shape of the lot as "sort of a finger," said part of that finger runs along his property, where he recently built a new home that he hopes to sell. In an effort to "square off" his property, Carton offered to purchase the entire parcel from the borough, arguing that without a deed, the town is the legal owner. "That's the issue," Carton said. "It was never deeded to her." "We offered the borough $10,000 for the piece of ground," Carton said, "which, frankly, is a little on the high side." As part of Carton's proposed deal, the town would allow Yost to keep the portion of the parcel that runs along her second property. "I will give to Linda for nothing the portion that runs along her 100 feet," Carton said. But according to borough tax records, Yost's family has paid taxes on the land since 1948. Borough Council meeting minutes dating back to March 8, 1948, show the property transfer. Yost's parents, Ralph and Blanche Walters, paid $75 for the land, which was up for public bid at the time. A receipt for a down payment of $7.50 was issued Feb. 23, 1948, a copy of which is on record at borough hall. Tax records from 1977, 1984 and 2006 list the Walters family as the owners. Carton provided legal documentation to the borough, showing Keyport never issued a deed to the Walters. "They have proof that they put down $7.50, which is 10 percent down, but there's no proof they ever bought it," Carton said. William Ortman, the only councilman to vote against issuing the deed, said he voted no because he felt the proposed deal was fair to all parties. Also, he had spent a lot of time on the matter, and found Yost unwilling to cooperate. In July, Ortman sent a letter to Yost, suggesting that she "pursue re-compensation for taxes paid erroneously on property not owned by her family." "The ownership of the small [parcel] that runs along Mr. Carton's property would be virtually worthless to her and in all fairness the lot should be [divided] into two [parcels] and added to the ones they respectively border," Ortman wrote in the July letter. Asked about the issue on Oct. 17, Borough Attorney John Wisniewski said Yost had "a claim to ownership," which differs from outright ownership because she could not prove her family ever paid the full balance owed to the borough. But since that time, the borough has apparently changed its mind. "They've been paying property taxes for 40 years, so it's going to be deeded to her," Borough Clerk Allyson Cinquegrana said. After two years, why the change of heart? Wisniewski believes there was a mix-up with the deed sometime between 1948 and 1950. "The records reflect that the borough acquired the property in 1943, apparently from a tax foreclosure," Wisniewski said. "In 1948, the borough did a public notice to receive bids for the property. The records reflect that Ralph and Blanche Walters were the only bidders." "For whatever reason, the deed was never executed," Wisniewski said. "Something happened between 1948 and 1950," the attorney continued, "and there's not a lot of people around who can tell us. There's a gap." Carton believes there may be other factors involved in the council's decision to issue a new deed, including the possibility of a lawsuit, he said. Still, Carton made no indication that he would pursue the matter any further. "If I don't [own] it, it's not a catastrophe," Carton said.