Legal Question in Real Estate Law in California

We lived on a brand new build loft condo, when we purchase the property #180 parking space was assign to us and recorded with county deeds. All our contract, escrow, loan paper states #180 parking belong to us. Three years later, HOA informed us that parking space belong to other unit, their deed was filed earlier than us. They ask us to move to another space which is very inconvenience to us. Parking space is a part of our property, it's like tell us sorry your resident unit was recorded wrong now move out to another unit. We been lived here three years with legal deed. Who's legally own that parking space now? From the law point of view does it recognize newest information(the most current date) on deed or sided with original deed.

Asked on 8/28/13, 6:46 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

When it comes to a HOA, it is what is recorded that matters. California has a race/ notice statute, which means the first bona fide purchaser who records first wins the race. This is something an attorney would have to look at very carefully, analyzing the recorded documents, including the CC&R's, before proceeding further.

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Answered on 8/28/13, 7:15 pm

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