samedi 20 avril 2019

Mistake in Deed Regarding Easement

My question involves real estate located in the State of: California

My neighbor has declared the turn-around easement on his lot in our spur to be "null and void" and plans to use for his personal parking, making turnaround impossible for big trucks. The trucks then have to back out a couple hundred feet while negotiating a turn, or back onto wooden decks, which will damage them.

I have researched his deed and think I see a mistake. His deed does not mention the turn-around easement, but only the road access easement.

The previous owner owned two lots, lets call them A and B. The turnaround was in lot B and was listed in the dead for lot B. The owner then decided to sell lot A. Over the years, the back yard of lot A had expanded into lot B, but that was no concern because the lots were owned by the same person. So, the lot lines were adjusted so that expanded backyard was completely lot A. As a side effect, the turn-around easement area was moved to lot A. However, the deed for lot A was not adjusted to list the turn-around easement. The turn-around easement is listed in the lot description for lot A.

Is this a mistake?
Is the turn-around easement still valid?
Is the title company required to fix this mistake if notified?

If the new owner does not agree to sign a corrected deed, does it go to some kind of arbitration?

Thanks for any info on this problem.


Mistake in Deed Regarding Easement

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