Legal Question in Real Estate Law in California
Quitclaim Deed giving wrong location in Section.
One brother had 20 acres. He had it surveyed and then split it down the middle. He then quitclaimed parcel 1 to his in-laws. The description on the quitclaim gives the correct parcel map number, book, and date, but the survey portion, on the quitclaim deed, describes parcel 1 as being in the Southwest quarter.
The survey was actually done in the Southeast quarter (which the entire 20 acres is in) and my grant deed states that. I believe the owner of parcel 1 never had a title search done, as a property profile on parcel 1 only shows a recorded quitclaim deed.
Can this void his quitclaim deed and if it can, is it possible for me to claim parcel 1 since the parcel 1 owner may have never had a legitimate claim and I'm the only holder of a grant deed?
Thank you very much fore your time and expertise.
2 Answers from Attorneys
Re: Quitclaim Deed giving wrong location in Section.
A deed containing an erroneous property description or similar mistake can be corrected (the legal term is "reformed") by a court.
It is unlikely, although not impossible, that anyone could gain a long-term advantage by relying upon a fairly obvious mistake in legal description of real property in a deed. What is more probable is short-range confusion, litigation, and title insurance coverage and defense problems.
See Civil Code sections 3399-3402 for actions to reform instruments in general. Although the Code refers only to reformation of contracts, it has been held for more than a century that the Code applies equally to any written instrument, including a deed.
For a case covering the power of a court to reform a deed to correct an erroneous property description, see California Pacific Title Co. v. Moore (1964) 229 Cal.App.2d 114 at your local law library.
Also keep in mind that a quitclaim deed is every bit as effective to convey title as a grant deed. The quitclaim differs primarily in that no warranty of title is expressed or given by implication.
If you think you have a claim to ownership of parcel 1, don't let me discourage you from seeing a real-estate lawyer in the county where the property is located, but my guess is that if you sued the current party in possession for ejectment or to quiet title in yourself you would end up being the defendant in a cross-claim to reform the erroneous deed description.
Re: Quitclaim Deed giving wrong location in Section.
Your question is quite confusing and cannot be answered, at least by me in the form given. I think you need to get to a real estate attorney immediately in your area. You must bring more documentation then described in your question. Specific maps in the survey should help if you have access to them.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
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