Legal Question in Real Estate Law in California
Deed - Right of Way
I own a piece of property in California, approx. 150' X 130'. I have owned it for at least ten years but I never built a home on it. In 1999 I received a call from a title company and they told me the house next door was sold and that they couldn't close the deal because my neighbor was using part of my property as his driveway, they asked me to grant them a deed - right of way and i would be paid $500.00. I signed the papers and cashed the check. No survey was done. Wellseveral months ago I decided to offer the lot for sale. The real estate agent called me and said the neighbor was using the majority of the front of my lot.
I recently had a very good surveyor stake out the property. The neighbor is using more then I agreed to, he has erected a low fence bordering the driveway. I hope I haven't really screwed up! I should have never signed the deed - right of way. My property has lost the majority of its value. I have sent the neighbor a certified letter to stop trespassing on the property and to remove the fence. I am having the real estate agent post a no trespassing sign....But it appears I made a huge mistake with the deed right of way for a measly $500.00. Can I reverse the deed - right of way?
4 Answers from Attorneys
Re: Deed - Right of Way
No, but if he abusing it by using more than a right of way you can bring an action in trespass.
Re: Deed - Right of Way
The answer is controlled by California law, for which I cannot provide a reply. Chances are you sue for trespass and force a return to the boundary to which you agreed.
Re: Deed - Right of Way
I would have to see the deed, but it sounds like you may have made a mistake. But it depends. You may have only given him a license (although I doubt it). Nevertheless, he has no right to exceed the bounds of his interest or easement. I suggest that you find a real estate attorney located near the property and have him look over the survey and deeds. If one doesn't respond to this posting, ask your surveyor for a recommendation.
Re: Deed - Right of Way
You likely made a mistake, however, need to see documents. If some way to allege fraud legitimately, maybe possible out, likely not. If only gave license, can revoke it. One way or another, they do not have right to exceed what you gave.
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