Can Land Quit Claimed to a Utility Company Later Be Sold As Part of a New Lot

[necromancer]

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

I'll try to keep this simple, My deed goes back to 1914 when it was a 30 acre parcel. It states in great detail how 2 road size chunks of land were quit claim deed to a electric company to remain easements in perpetuity, even stating ijt's continuance to the companies successors and assigns, the land is conveyed to the electric company to have and to hold as access easement only. It's much more detailed but thats the jist of it. The 30 acre parcel over the years was sub divided into many lots since and there is now a house adjacent to mine ( the original owners in 1914's house), and his lot shows the land as part of his now, but I dont think it did originally I think it somehow got enlarged over the years wrongfully.
I have used the road inbetween our house which is accurately depicted in my deed for 30 years to access the back of my property. Where I have a shop 8 classic muscle cars and my truck. My neighbor decided it;s his put up a big gate locked it and parked his RV on it. Then built a cinderblock wall inbetween our properties, which turns out is 3 inches over onto my property according to a recent survey.
I have a few questions
1 could the land that was set aside and quitclaim deeded to the electric company before there was even a lot or house there, somehow be sold or included as part of that lot? It would have had to have been done by someone other than the original owners as they were long gone by then. And their intent was obviously for it to remain forever an access easement.
2. Can I tear down the wal since its on my property I have 2 kinds of legal easements and my work truck is now inaccessable?
There is actually a lot more to this story I just didnt want to list all of it, it's quite lengthy.

[pg1067]

My deed goes back to 1914 when it was a 30 acre parcel. It states in great detail how 2 road size chunks of land were quit claim deed to a electric company to remain easements in perpetuity, even stating ijt's continuance to the companies successors and assigns, the land is conveyed to the electric company to have and to hold as access easement only.

I'm not sure why you refer to this as "my deed." I assume what you mean is that, in 1914, the then owner of the property executed a deed that gave an easement to an electric company. Right?

there is now a house adjacent to mine ( the original owners in 1914's house), and his lot shows the land as part of his now, but I dont think it did originally I think it somehow got enlarged over the years wrongfully.

Other than the first 8 words of this, almost none of this makes sense.

could the land that was set aside and quitclaim deeded to the electric company before there was even a lot or house there, somehow be sold or included as part of that lot?

I don't understand the question. For starters, granting an easement is not the same thing as "deeding" land. Based on what you've posted, the easement apparently still exists. That the property over which the easement originally existed may have since been subdivided isn't of much relevance. It may be that the easement now encumbers multiple lots.

Can I tear down the wal since its on my property

We have no way of knowing what abilities you have. You may legally remove any portion of the wall that encroaches on your property. However, if doing that would damage the portion of the wall that is not on your property, then you'd be trespassing and potentially liable for damages.

I strongly suggest you confer with a local real estate attorney.

[necromancer]

I'm not sure why you refer to this as "my deed." I assume what you mean is that, in 1914, the then owner of the property executed a deed that gave an easement to an electric company. Right?

Basically yes, it's on my deed because the house and land I bought was the original owners, who back then owned the all 30 acres and it was a citrus farm.




Other than the first 8 words of this, almost none of this makes sense.

I know it's a bit confusing, I'm sorrynI was trying to be brief. But basically the deed says they set aside 2 pieces of land the dimensions of which are meticulously spelled out, and are the size of roads. It says they gave them to the electric company to have and to hold but only for the purposes of easement access to install electric poles lines etc... in perpetuity. Stating they remain forever access easements.




I don't understand the question. For starters, granting an easement is not the same thing as "deeding" land. Based on what you've posted, the easement apparently still exists. That the property over which the easement originally existed may have since been subdivided isn't of much relevance. It may be that the easement now encumbers multiple lots.

There in lies my problem I'm pretty sure my deed is stating they quit claim deeded the land the roads are on to the electric company. And stipulated access easements so the land could never be sold or the easements diminished, or abandoned, which it also states. The problem is it's old and since then the whole 30 acres was sub divided into lots in the late 40's. I believe the easements were initially excluded from the lots that were created, but over the years the dimensions of my neighbors lot somehow changed and got them included as part of his lot his deed lists the easements, but not in detail and only for utilities, excluding all the detail including my easement rights.




We have no way of knowing what abilities you have. You may legally remove any portion of the wall that encroaches on your property. However, if doing that would damage the portion of the wall that is not on your property, then you'd be trespassing and potentially liable for damages.

I strongly suggest you confer with a local real estate attorney.

I hired a lawyer, I retained him with 5k and for 5 months he did nothing but ask for more money, when his advice caused me to have a city lien for $700 for code violations put on my house I fired him, and dont have any more funds to spend

Can I take the deed I have to the assessors and see if they can remedy this discrepancy in the lot dimensions, and can I sue my neighbor in small claims court for this?

[LandSurveyor]

I hired a lawyer, I retained him with 5k and for 5 months he did nothing but ask for more money, when his advice caused me to have a city lien for $700 for code violations put on my house I fired him, and dont have any more funds to spend

Can I take the deed I have to the assessors and see if they can remedy this discrepancy in the lot dimensions, and can I sue my neighbor in small claims court for this?

No, you cannot. They cannot give legal advice or opinions regarding lot dimensions.

Small claims court provides no relief in such matters. If you spent $5k with an attorney, and got nothing, you can file a complaint with the bar association.

Being a surveyor and not a lawyer, I have no opinion as to how that might turn out.

If a California attorney shows up here, I would be amazed. The only California surveyor here is long gone.

[pg1067]

Can I take the deed I have to the assessors and see if they can remedy this discrepancy in the lot dimensions, and can I sue my neighbor in small claims court for this?

Yes to both questions, but that doesn't mean that your visit to the assessor's office will be productive or that you can get an adequate remedy from small claims court.

If a California attorney shows up here, I would be amazed.

At least one California lawyer has been posting here regularly since July 2018.

[budwad]

I'll try to keep this simple, My deed goes back to 1914 when it was a 30 acre parcel. It states in great detail how 2 road size chunks of land were quit claim deed to a electric company to remain easements in perpetuity, even stating ijt's continuance to the companies successors and assigns, the land is conveyed to the electric company to have and to hold as access easement only. It's much more detailed but thats the jist of it. The 30 acre parcel over the years was sub divided into many lots since and there is now a house adjacent to mine ( the original owners in 1914's house), and his lot shows the land as part of his now, but I dont think it did originally I think it somehow got enlarged over the years wrongfully.
I have used the road inbetween our house which is accurately depicted in my deed for 30 years to access the back of my property. Where I have a shop 8 classic muscle cars and my truck. My neighbor decided it;s his put up a big gate locked it and parked his RV on it. Then built a cinderblock wall inbetween our properties, which turns out is 3 inches over onto my property according to a recent survey.
I have a few questions
1 could the land that was set aside and quitclaim deeded to the electric company before there was even a lot or house there, somehow be sold or included as part of that lot?.

The answer is yes and that has already been addressed by other members. If in a subdivision the easement falls within a lot created, that becomes a servient estate. But the dominant estate (the utility) is still the only entity that has access to the easement. You are not the utility. You are not the dominant estate that gets to use the easement. As such, you have no legal rights to use the easement to get to your shop. You could however try to claim a prescriptive use easement in a court of law depending on how long you have been using the easement to access your property.

[LandSurveyor]

Yes to both questions, but that doesn't mean that your visit to the assessor's office will be productive or that you can get an adequate remedy from small claims court.

All assessor's offices in California specifically disclaim any function of giving legal advice.
Addressing discrepancies in deed descriptions is solely the function of licensed surveyors in California per Business and Professions Code §§ 8700 – 8805. It would be illegal for assessor's employees to give opinions in such matters.

As for small claims court, none in California have the ability to hear, decide, and implement real property disputes. In theory, they may be available for restitution of damages, but as the OP's situation seems to involve unclear/unresolved rights in real property, it would be impossible to determine and assign monetary damages.

[pg1067]

All assessor's offices in California specifically disclaim any function of giving legal advice.

You've been to all 58 of them? In any event, it would be illegal for any non-lawyer to give legal advice, so it's a rather moot point.

Addressing discrepancies in deed descriptions is solely the function of licensed surveyors in California per Business and Professions Code §§ 8700 – 8805.

That's way too broad to be true. There are innumerable possible discrepancies that are far outside the competency of a surveyor.

As for small claims court, none in California have the ability to hear, decide, and implement real property disputes.

Sure they do, as long as the only remedy sought is money damages. CCP 116.220. Hence my comment that the OP might not be able to obtain a remedy from small claims court that he/she considers to be adequate.

as the OP's situation seems to involve unclear/unresolved rights in real property, it would be impossible to determine and assign monetary damages.

In the abstract, I disagree, but this is way too hypothetical to fully consider.

[necromancer]

The easement roads were quitclaimed and recorded in 1914, there were no lots back then it was a 30 acre citrus farm. My deed says I have easement rights, my title company says the same thing. My deed and house were from the original owner who painstakingly made sure with 4 pages that who ever owned this lot could access the very long back yard. So they said they are setting aside 2 pieces of land and for one dollar quitclaim deeding the two pieces to the sierra electric company to have and to hold for purposes of access ingress / egress to install electric lines poles telegraph etc it's goes on and on but its very explicit about it passing on to their successors and assigns never to be abandoned. forever to remain access roads.
After they recorded all that I wouldnt think they could be included in a sibdivision 30 years later for sale, and I dont thin k they were. I found some assessors dovuments from the 40's saying my neighbors lot was 115 x 112 but one in 1962 saying its 115 x 115 and since everything pre 1958 was archived and on microfish. I think they rewrote the dimensions inaccurately. I mean how can you sell land that was quitclaim deeded to someone else?

[adjusterjack]

I mean how can you sell land that was quitclaim deeded to someone else?

The how is explained by the did.

But that's not the point of your story. If you have recorded evidence that you have an easement to the back of your property and your neighbor has blocked it the solution is to sue him and get the court to order him to restore the easement.

Why didn't your lawyer do that for the $5000 that you paid him?