Legal Question in Real Estate Law in California

the property I purchased is landlocked- we have no ingress/egress road. how do I sue the title company into getting a road built?


Asked on 1/01/23, 9:03 am

1 Answer from Attorneys

You cannot successfully sue a title company to build a road. Title insurance policies only cover legal title, not whether or not anything is or is not present on the land. They definitely do not insure that there are any improvements on the land, such as buildings or roads. In fact they do not even insure physical access at all, only legal. I once had a case where an insured tried to sue us (I worked for Fidelity National Title at the time) when he got in a spat with a neighbor and the neighbor stopped letting him use a driveway across the neighbor's parcel to get to his property. He needed to use the neighbor's driveway because the boundary between his land and the highway was a 10-foot cliff. He lost, because his property had legal right of access to a public road. It was not up to the title company to excavate a driveway into the cliff to get up to his land. So if you have an easement or other legal right of access, whether or not there is a road built on it is not insured. If you do not have legal access, which would be highly unusual in this day of modern computerized title records, the title company would be obligated to file a legal action on your behalf to obtain an easement by necessity, but they still would have no obligation to build a road on it.

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Answered on 1/01/23, 11:51 am


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