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  1. #1
    Join Date
    Feb 2008
    Posts
    4

    Default Quieting Title Or Adverse Possesion In California

    This qustion/issue concerns a parcel of land in California.

    The parcel began as a 250' by 300' parcel [Parcel 1] owned and occupied by A in the 1950's. The North and South boundaries were 250' and the East and West were 300' In 1959 A executes a grant (gift) deed to her daughter B for the western half or acre, measuring 125' by 300' [Parcel 1A]. The deed is notarized, but not recorded. The deed was prepared by X Law Firm.

    in 1961 A sells a parcel to her son C, comprised of the eastern portion of the 2 acre parcel, measuring 115' by 300'[Parcel 1B]. So at this time, B owns the western 125' and C owns the eastern 115', and A still owns a 10' by 300' strip between the two [Parcel 1C]. County Assessor's records, show two parcels, in accordance with recorded documents. A owning the western parcel measuring 135' by 340', and C owning the eastern parcel, Parcel 1B. A fence is built at the 137'/127' divide at this time, and thenceforth Parcel 1C is considered by all to be a part of Parcel 1A. No one at this time seems to be aware of the legal existence of Parcel 1C. A lives on Parcel 1A, and C and wife D live on parcel 1B until 1982.

    In March 1982 C dies intestate. the X law firm handles the matter. In July 1982 the deed prepared and executed in 1959, is recorded, and B now has record title to Parcel 1A. The County Assessor's office apparently overlooked the recording of the deed because there was no revision of the Assessor's maps at this time. Parcel 1C was overlooked. C's estate is probated and C's wife D acquires title to Parcel 1B in 1983. Parcel 1C remains overlooked.

    In April, 1983, shortly after probate of C's estate is completed, A sells Parcel 1A to D for one-half of its fair value. A felt that D deserved half of the property because she and her husband C had moved from Iowa and cared for A since 1954, following the death of A's husband in 1952. B always lived in Iowa. At this time A is in failing health.

    In 1984 A dies intestate. There is no County record that her Estate was Probated, and X Law Firm seems to have put all documents from that time period and earlier, in storage, and then had them destroyed. The fact that A had retained title to Parcel 1C appears to have been overlooked.

    In 1986, D sells Parcel 1A to her daughter E.

    In the late 1980's B dies. She left 3 daughters.

    In 2007, in preparation to build a replacement dwelling on Parcel 1A, E discovers the existence of Parcel 1C, and the fact that the Assessor's map of parcel 1A, which indicates a width of 137' does not match the legal description, which indicates the width of Parcel 1 as 127'.

    X Law Firm has washed its hands of the matter.

    I believe that best way to resolve this is by a Quiet Title action based in adverse possession. Any thoughts out there?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Quieting Title Or Adverse Possesion In California

    This is being discussed, with a simpler explanation of the background, in your other thread.

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