Legal Question in Real Estate Law in California

Thank you for taking your time to read my question.
I purchased my house about a year and half ago. The recorded deed, instead of having a legal description that describes the lot lines, refers to a recorded subdivision map with the dimensions of the lot lines. The problem is some of the dimensions on this recorded subdivision map are wrong. The property line between me and my neighbor is one of the mistakes. My neighbor ordered a Record of Survey back in 2002, and had the surveyor corrected the line to her benefit by rotating the property line over to my side by about 4� at the furthest point. In addition, she installed a gate at this new �property line.� This Record of Survey was recorded with the County, but it was not recorded on her recorded deed.
The 4� that I lost at the furthest point was unfortunately very useful to me because it is the entrance to my driveway and side yard, so I really want to know what I can do to get it back. I was told that the only way is for me to file a quiet title court action, but I don�t exactly know what it involves and how much it costs. I am wondering if anyone can tell me what would be an approximate cost to file quiet title action for my case, and if anyone will be willing to do it for a flat fee?
Thanks for your time and look forward to hearing back from some of you.

Asked on 8/17/12, 1:25 pm

2 Answers from Attorneys

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You are going to have to sort out what your real problem is before you can get a solution. The subdivision map being the legal description of the properties cannot be wrong. A record of survey has no legally binding effect, and if it deviates from the legally binding record of the lot lines it is a bad survey to boot. So you may not need a quiet title action at all. The burden may be on the neighbor to try to assert their position in court, or maybe a prescriptive easement action would be more appropriate. It is just not possible to tell from the way you have framed your question.

I see that you are in Orinda. My office is in Walnut Creek and I have conference facilities in Oakland. Probably the best thing would be for you to come in and go over the situation in person. Then we can figure out a cost effective approach to the problem, once we know what it really involves. I am a 25-year real estate and construction law attorney, including the better part of a decade as a vice president and associate general counsel for the parent company of Fidelity Natl. Title and Chicago Title. So this kind of thing is right up my ally.

Answered on 8/17/12, 1:40 pm

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