Legal Question in Real Estate Law in California

Re: Missing 3,000 sq feet due to adverse possession

It was your responsibility. The title company has no obligation to look at the property and does not insure any aspect about the physical property...all they deal with are recorded documents on file with the county recorder and that you get clear title.

Re: Missing 3,000 sq feet due to adverse possession

I agree with Attorney Deming. I would, however, suggest that you spend a little money (doing so up front would have saved you a lot now) to have an attorney review the title report, the purchase documents and check to see if there was something of public record indicating that the property had been adversely possessed. Adverse possession in California does require the possessor to pay the property taxes on the portion they are occupying - are you sure they have met all the requirements. You need to review this with an attorney as there may not be actual AP going on, or it may have been "of record" if there was a lawsuit filed to quiet title to the 3,000 sq. ft.. Good luck.

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