All Forum Posts by: Eric Mcginn

I bought a SFH a little less than a year ago.

Turns out the neighbor has an easement on the best parking spot. 

Ive filed a claim with my title company and it looks like I'll almost certainly be entitled to something.
Ive added up the loss of value and costs incurred to me and I'm thinking I'll submit a settlement offer to the title company based on this stuff.

Although, I'm not including the loss of ability to build a garage there, which I was considering. And it doesn't include the decreased resaleability because of the little black mark easement on it, which the buyer will be responsible for tax, insurance and maintenance going forward. 

But my question is, should I go after the seller? in the sellers disclosure it clearly says "NO" next to the easements and encroachments section. What would they potentially be liable for money wise? I'm not looking to get into a long drawn out legal battle, but I don't want to settle for less than Im entitled to. Any guesses on how much she would be liable for for lying on the disclosure? 

and, if I go ahead and settle with the title company, would that end any potential pursuit of restitution from the seller?

any advice or refferal to a CA real estate attorney would be greatly appreciated.

So I just talked to my claims counsel through my title insurance company. It’s going slowly but seems as though indeed there will be a claim here. 

Basically it looks like either the easement terminates with the new neighbors or, more likely, I have an easement and a claim. 

He said either an appraiser will asses the difference in value or we can come to an agreement. 

Is there any way to calculate overall value using a monthly value of $50? 

Any thoughts on what sort of settlements you’ve see. For similar situations? One parking spot in a fairly limited parking area.  

Thank you! 

So I just submitted their claim form. 

The instrument is only from 2014! 

It seems like shortly before or after, the lots were combined and they recorded the easement on the individual lots APN, not the new combined APN. I have a feeling they are going to deny liability and say it was a clerical error and I’m just sol (**** out of luck) 

In which case I’d consider holding the seller liable who knew the neighbors and knew the easement yet didn’t disclose it. but then we’re talking legal fees :-(

I don’t see any directions to file a claim. Company is “Stewart title”

I’m hoping this doesn’t indemnify them, the easement was kind of buried in old records, but still public. Who’s to say what is “public” or not? 

“Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.“

Thank you! I will look into my instructions for filing a claim

I bought a great vacation home / rental in the socal mountains. Has a bigger lot with ample parking, which is at a premium up there. 

One of the spots seemed like it was being used by a neighbor, no big deal but left them a note. 

A few months later I finally meet the neighbor (they don't come up in the winter) and they have an easement.

Title company didn't disclose anything. I gave my agent the info my neighbor gave me regarding the easement. My agents title guy (different company, used seller's) said they finally found it, attached to an old lot prior to the three lots combining into one lot a few years back. They are looking more into it and will let me know. 

But I want to do my own due diligence. 

Do I have a claim here? I value the parking space at $50/month. 

Or if the county made a mistake do I just have to eat it? Not the end of the world fortunately, had a pipe dream of a garage there some day, but not realistically considering I'd be geotechnical engineers etc. And I do have other parking spots. But still I held value in that one, particularly good parking spot. 

Rimforest, CA in San Bernardino Cointy. Bought it a bit less than a year ago. 

Call all the local credit unions and tell them where you're looking, they'll tell you whether they service the area and roughly what the terms would be. 

Doesn't sound like an amazing deal. Lots of multi units in Biddeford for $200k ish. 

1900 for the date of original build usually means it's just not on record an exact date, so not actually 1900 likely.

Totally depends where the property is located. On the water? Walking distance to restaurants and Amtrak? 

Granite foundation? Heating? Look at comps. Good luck!