Legal Question in Real Estate Law in California
Quiet Title
Does the court/Judge have the authority to force me to trade my neighbor part of my land, on which she has encroached with a well and leach field, in exchange for an equal amount of her land? I have a recorded deed and there is no question about the correct property line?
Thank you.
2 Answers from Attorneys
Re: Quiet Title
If this is a pending case and the court has already ruled, it depends on the pleadings and what happened in Court. If this is a new lawsuit, then the result will depend upon the pleadings. Please call me if you have any questions for free consultation.
Re: Quiet Title
The first step in answering this question would be to review the pleadings (essentially, the complaint or counter-claim served on you) to see whether the land you face losing was placed at issue. The judge has powers to decide matters placed into dispute by proper pleadings. Generally it is beyond a judge's powers to order a forfeiture of property or rights not placed at issue, thus allowing you an opportunity to be heard, but in exceptional circumstances even that might be within the court's discretion.
If you have not been represented by counsel in this matter, or think your representation has been ineffective, you might want to consult an attorney with appellate experience to review your case to see whether there has been an obvious abuse of judicial discretion or other error.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
