Legal Question in Real Estate Law in California

Without seeing the words of your policy it is impossible to tell for sure, as there are different kinds of policies available. A key issue might be if the mistake you are referring to was something readily available in the public records when the title insurer issued its policy. In any event, you should make a claim to your title insurer.

I would want to review your policy and take a close look at the other documents. You should always have an attorney deal with the insurance company. Insurance companies make money by not paying out.

Best,

Daniel Bakondi

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415 450 0424

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I don't understand what you mean by the title company made a mistake in verifying the plat map. If you mean your legal description referred to a subdivision map and they did not make a correct reference that is one thing. If you mean they did not verify that the information on the map was correct it is a very different thing. Since you also state that the title company also made a mistake in the amount of land, it seems you mean the second. If that is the case, you probably don't have any claim against the title company. Title companies only insure that the public records are as stated in the policy. They never insure the accuracy of the public records themselves. It also would not matter which title policy was issued to you in this case, because the ALTA and CLTA policies both expressly exclude coverage for any discrepancies in area, lot lines, encroachments, etc., and anything that would have been disclosed if you had done a survey wheny you bought the property. Since your question wasn't entirely clear, however, I can't be sure that you have no claim. I have over 20 years in construction and real estate law, including over six years as a vice-president and associate general counsel for Fidelity National Title and Chicago Title. So before you spend any time and money on these guys who just say "call me," give me a call. I'll give you a free half hour consultation and let you know if this is even worth pursuing.

Title insurance policies generally only insure that you are receiving good title to the property described in the deed, and not the accuracy of any map referred to in the description.