Legal Question in Real Estate Law in California
i live in a hoa and we own the road right and grant road privileges to the golf course to maintain the coarse. The golf course was sold and the verbiage to the road privileges were removed and not carried over to the new title by Chicago title and now the owner of the golf course wants to rip out the course and build homes on it. He say's that the title grants him access to land (course ) via the roads and not to maintain them. Can the title company be sued in a class action suit from 600 home owners or the owner of the golf be sued by the HOA or by the homeowner . The owner of the course is a multi millionaire and money means nothing to him but money is everything when you take it away. What about open space so much of it was to be used to build the 1000 homes on the course and the course was supposed to be the open space. I am not waiting for my HOA to make the wrong move can us a owners file our own suit as a group.
2 Answers from Attorneys
I think you do not really understand your situation, because your description makes no sense from a title and land access standpoint. A title company removing "verbiage" when property changes hands cannot change the rights of people who are not parties to the sale. So you are going to have to sit down with a good title and land use lawyer, with the relevant documents of title, before you are going to be able to get an evaluation of what rights the HOA may have. Almost certainly, however, if the road is "common area" of the HOA, the individual homeowners cannot take legal action directly. They must do so through the HOA, or sue the HOA if the HOA violates its obligations to protect the rights of the homeowners.
I agree with Mr. McCormick. I write further to point out that a title insurer only owes a duty to its insured.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
