My question involves real estate located in the State of: California
My new 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 and utility easement. The turn-around easement is listed in his lot description.
The previous owner (a trust for the deceased 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 trustee 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 the expanded backyard was completely in 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.
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?
Do I have to hire a lawyer to initiate and execute the correction process?
Will i be creating an opportunity for him to invalidate the easement?
Thanks for any info on this problem.