Legal Question in Real Estate Law in California

Title Company did not transfer title to parcel

I purchased a property that closed a year ago. The property has two separate parcels. One is mainly used for easement purposes and the other one has the house on it. I just learned that the title company that we used did not transfer title of the parcels with the easement to me. The parcel is listed in the title reports as being included in the one parcel number, yet has its own separate parcel number that is still listed with the county in the sellers name. Should I be worried? What are the repercussions if any with this happening? Is it an easy problem to fix?


Asked on 3/01/07, 11:50 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Re: Title Company did not transfer title to parcel

This depends on what your deed says. Your deed, and the legal description, is what conveys the property to you. I am assuming that when the one parcel with the easement is listed with the county in the seller's name, then that may be an error in the deed as to the assessor's parcel number.

This is not usually a difficult fix, and can be straightened out either with the title company or the tax assessor. It is good that you caught the problem now. You should have this corrected, because tax assessments on the other parcel will get mailed to the seller, instead of you, and if you are not credited for the payments, the county can sell the property once it becomes tax defaulted. I handled a matter similar to this several years ago. Let me know if you have any questions.

Very truly yours,

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Answered on 3/02/07, 8:00 pm


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