Legal Question in Real Estate Law in California

Re: dedication of road not accepted by county

A quiet title suit's purpose is to clear up the record status of clouded title, and not to force a change of ownership (as happens with eminent domain proceedings).

So, unless you have a good legal reason why the easement should be modified, a quiet title action would be unavailing. Further, you can't win a quiet title suit by default; you must present a credible argument to the court even if the other party elects not to defend.

Of course, there are two possible favorable outcomes. One is that Lot 9 gives in and sells, or concedes in the narrower easement, upon being sued for quiet title. The other is that your clever lawyer might just concoct a theory as to why the old easement is not, or no longer, valid (abandonment, defective in the first place, prescription, etc.) I think this is a very long shot. An easement is a permanent property right and one private owner cannot strip another owner of easement rights willy-nilly.

There is also a negative aspect or outcome. If your quiet title suit was totally baseless, i.e. there was no legally tenable theory upon which you could claim title, you could be sued for malicious prosecution.

Also, abandonment of an easement is difficult to establish. Mere non-use is insufficient, even if long term. Usually it is necessary to show that the benefitted owner has taken positive steps to relinquish the easement (e.g., a railroad removing its tracks) or that the original purpose for the easement no longer exists (e.g., an easement for grazing after the farm has been subdivided and planted with tract homes).

Re: dedication of road not accepted by county

I doubt that lot 9's easement forces you to pave a 40' wide road. Therefore you could probably build your 18' road without violating any rights of Lot 9. Lot 9 could probably bring an action against you if you block his easement with construction. I would not build in the easement (other than the road). Quiet title is not really the action you are looking for unless you think there is some error in the deeds.

Re: dedication of road not accepted by county

A review of the deed is necessary to determine what exactly the "right of way" is. A quiet title action is likely not the right course of action unless lot 9 is claiming ownership of the "right of way" or refusing to recognize the "right of way." More likely, and depending on the language of the deed, you may be able to bring a declaratory relief and injunction action against lot 9 to clarify the rights and responsibilities of the lot owners.

Let us know if you have further questions.