Title co. not responding to claims of mets and bounds deed error

[scott miller]

Jurisdiction

California

hi Last april I filed a claim with my title company when I discovered that the mets and bounds description on my deed is in error, overlapping the neighbor's lot significantly. Surveyors wont help until title co resolves the error. The title co. keep stonewalling me for the last 8 months and I can't sell the property until I have a clear title. What are my options and is there statutes of limitations after filing a claim? -thanks

 

[army judge]

What are my options and is there statutes of limitations after filing a claim?

Eight months later, it might not be too late to speak to a couple local real estate attorneys.

Going forward, never buy or sell property UNLESS you engage the services of a real estate attorney to ensure your rights and your money are protected.

Never trust a real estate salesperson to do anything for you except take your money.

 

[zddoodah]

Surveyors wont help until title co resolves the error.

What does this mean? What help are you seeking from a surveyor?

What are my options

You can wait for the title company to make a decision or you can press the issue, either on your own or by hiring an attorney.

is there statutes of limitations after filing a claim?

A statute of limitations is a law dictates how long after accrual of a cause of action you have to file a suit. Yes, there is a statute of limitations, and the clock probably started running when you discovered the issue. However, it's also possible that the date of issuance of the title policy might be relevant. When was it issued (and, if different, when did you acquire title to the property)?

 

[scott miller]

What does this mean? What help are you seeking from a surveyor?



You can wait for the title company to make a decision or you can press the issue, either on your own or by hiring an attorney.



A statute of limitations is a law dictates how long after accrual of a cause of action you have to file a suit. Yes, there is a statute of limitations, and the clock probably started running when you discovered the issue. However, it's also possible that the date of issuance of the title policy might be relevant. When was it issued (and, if different, when did you acquire title to the property)?

I went to build a fence, the neighbor said I was on his property, so I tried to retain a surveyor to resolve the conflict before I sell my ranch. The policy was issued 19 years ago when I purchased the ranch. Aren't buyer title insurance policies effective for the entire time I own the property?

 

[zddoodah]

Aren't buyer title insurance policies effective for the entire time I own the property?

In this instance, probably. However, it's not beyond the realm of possibility that the insurer might claim that you should have known about this issue much earlier and that, as a result, the statute of limitations has expired.

Also cross-referencing to the other site where you posted about this.