Legal Question in Real Estate Law in California

Property Title

I recently received real property in San Francisco through a family trust, and in trying to sell it was informed by the title company that they could not verify title as the property was passed down through the family for over a century and there is no record of any ''title insurance.'' They recommended that I use the McInerny Act to establish title. What is the McInerny Act?

Thank you.


Asked on 7/03/02, 9:08 pm

2 Answers from Attorneys
Martin Snitow

Re: Property Title

I'm writing this from home on the Fourth of July weekend; and I don't have a list of statutes by popular name here. Neither Lexis nor Matthew Bender's California Forms of Pleading and Practice show any results for "McInerny Act."

The normal way to obtain marketable title in your situation is to file an action to quiet title under Code of Civil Procedure �760.010. A specific recommendation in your situation would require a review of the title insurance preliminary report.

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Answered on 7/04/02, 3:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Property Title

Similarly, neither WestLaw nor Google searches turned up anything on a 'McInerny Act' even with alternate spellings tested.

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Answered on 7/05/02, 2:00 pm


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