Legal Question in Real Estate Law in California
I purchased land in 2005 and wasn't informed that the property is 100% land locked. I was told that I have a easement over the seller's property but isn't factual. Is the statue of limitations up to sue realtor and seller. Also found out the city sewer runs through my land no disclosures in closing papers of either facts.
2 Answers from Attorneys
Did you not buy title insurance as part of the transaction? There is an old saying that with title insurance there is always less than meets the eye, but right of access is one of the few things that is really covered and that any even half way decent title company will stand behind.
The big question I have is when you found out the property was landlocked. Nondisclosure items are generally filed as fraud actions, and the statute of limitations in California for fraud is three years. The statue runs when you, or a reasonable person would have been on notice of the facts giving rise to the fraud. In this case, that is the date when you discovered the property is landlocked.
It is hard for me to believe that you are just now discovering this, after having bought the property in 2005.