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Can a title search and survey help me? I am a co-trustee inheriting 25% of a property. Size and map are recorded wrong.

La Jolla, CA |

The county recorded size is 3.8 acres. The other owner (already owns 50% outside of the trust), is a co-trustee of the estate and has been managing the property for more than 10 years- prior to my mother's death. He says it is 4.39 acres. He has been unwilling to supply documents and property history -he may be hiding something or maybe just hiding his incompetence. A local realtor and an MAI appraiser also feel the recorded size is wrong. I know of at least one boundary adjustment that was not recorded. (there was a certificate of compliance filed - not enough sq ft to resolve the size difference) We will be splitting the trusts portion of the property. Can a title company and survey resolve this problem without his cooperation? Which needs to be done first -title search or survey?

Attorney Answers 4

  1. Best answer

    First hire an attorney and demand all documents needed to get this done. Then if he doesn't produce, file a motion to demand the documents. Second, you might need to have a separate hearing in a civil court regarding the boundaries. Please first seek out counsel.

  2. I agree with my colleague. A survey would be the first step.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

  3. Both Greg & Celia are correct. It is imperative that a NEW (corrected) survey be done - and the sooner you have an attorney review the documents the better. In the San Diego area, there are a number of Avvo-listed lawyers who can help with this. See under Find-A-Lawyer, then enter 'Real Estate' and San Diego. You'll see a number who can help you.

  4. I would obtain a title search. This may show what the proper acreage should be. Survey goes off title records, so that's secondary. Court action to quiet title to acreage is ultimate remedy if no cooperation from other owner; but may not be cost-effective based on amount of acreage.

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