Legal Question in Real Estate Law in California
I purchased a vacant piece of land in California with the intent to build a house on it. I found out after closing that the seller was the father of the Realtor, which was never disclosed to me. Once we started the process to build, I found out that there aren't any easements to access the property. We cannot build on it. We are now being told that our title policy doesn't cover issues such as this because the property is ownable, even if not accessible???! Have you ever heard of this happening?
3 Answers from Attorneys
You should have an easement by necessity. Let me know if you need help.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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I don't know who is telling you that you don't have title insurance coverage for access. That is one of the few things that title insurance really insures. However, only LEGAL access is insured. It is possible to have legal access, yet not have physical access due to terrain. So without knowing more details I can't tell you if you should be persuing that angle. The fact that the realtor was listing his father's property is not legally relevant. You don't say if the realtor was a dual agent. If not, they had no duty to you. If so, they have the same duties regardless of whether or not the seller is related to them. If they or the seller knew there was no access, they had a duty to disclose that. IF they knew and did not disclose, they are liable to you big time. I have been a real estate and construction attorney for over twenty years, and was an associate general counsel and vice president of Fidelity National Title for over six. I also currently have a case I am about to file in Fresno County, so I will be in your area regularly. If you would like to discuss this with me further, please feel free to give me a call.
I agree with Mr. McCormick, in that a title policy usually insures legal access, and if there is no legal access, this is usually excluded. I'm not sure what title policy you have, but it needs to be reviewed carefully.
A review of the title policy will tell you whether or not there is legal access. You may have to contact the title company, and find out what they relied if they stated there is legal access.
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