survey shows fence is not on property line

[badaddidudesgal]

What is the name of your state? California

My mothers property was purchased back in 1974 and from the survey she had done in 1990, her neighbors behind her have encroached on her property from before she even bought it. Once purchased she was under the understanding that the fence was the property line. The title insurance and the surveyer both have the same description as to the measurements etc. which is not where the fence line is at all.
I know that in order to claim the encroached property she would have had to take care of it within a year of finding out about the encroachment and unfortunately let time pass. She is now close to death and it will go to her children but, as far as I understand it this would still create a clouded title if not legally taken care of.
My question now is this, since the title company insured this fenced in property to be hers and did not have it surveyed to see if the neighbors had part of her property, is it not their obligation to cover some part of the responsibilty for their error of not researching the property specs in the first place? Isn't that what title insurance is. . . . a guarantee that there are no liens against the property or encumbrances on the land?
I am assuming she has lost this 796 square feet of property from neglect in following through after the survey was done, even though it has not been legally dealt with yet.
Also if I am correct who would I go to deal with this problem with the title company as well as the problem of clearing up the clouded title?

Any help on this situation would be very much appreciated. Time now is of the essence.
Thank you.

 

[BelizeBreeze]

She hasn't lost anything yet. Tell her to have her attorney write a letter demanding the fence be moved and attach a copy of the recent survey.

 

[badaddidudesgal]

requesting to move fence is not as simple as it sounds

The most recent survey and only one that I know of was done in 1990. The encroachment is by 2 separate properties of which one has cemented in his patio and added a pool. The pool would be on their side of the property line and not on moms land if the fence was where it was suppose to be. Most properties in the County of Los Angeles, CA are not large lots, unless of course you are one of the rich or the richer. My mothers property is the largest of this particular track and is just over 1/2 an acre. The lots behind that are encroaching on her land are small in comparison.
Imagine yourself walking out your back slider onto a patio where you have a pool and where your family entertains often. Your neighbor, after all these years of residing there, decides one day to give you notice that you are encroaching on her property and she wants it back. Would you turn and graciously say "Oh, gee, I'm sorry. I will tear up my cemented patio and give you back your land immediately."
I don't think so. Not happening in any way shape or form. That is why there are laws pertaining to statue of limitations. Thus my reasoning in having lost the property already due to time. This would be a battle in the courts no doubt about it and if my mom had any chance whatsoever of keeping that property being used by the neighbors, the battle would be well worth it. The property value in California, I am sure you know, is up there and almost 800 square feet is worth a dollar or two.
So would you still answer the same knowing this?

 

[Shel77]

They should have had a survey done prior to pouring a cement patio and not just assumed that the fence marked their property it's their fault they are on your mom's land and yes they will have to move off her property if you want them to obviously you do or you would not have posted her. Belize told you sent them a cert. letter with a copy of the survey and give them 30 days to remove the encrochment. I know they won't be happy about it but they should have built their patio on their land if they did not then it's their problem that what surveys are for.

 

[efflandt]

An alternative might be to offer to sell each their strip of encrochment, if they do not want to remove it. As you say, 800 sq.ft. of California property is worth a dollar or two. Your mother would benefit from something she did not even know she had.

 

[badaddidudesgal]

thank you all

California, Los Angeles County.
I want to thank all of those that replied to my question. I do appreciate your time and thoughts on my situation, although I do have one more question if I may?
Who is responsible for making sure the property is as depicted by the surveys when property is purchased? The original title papers have included boundries and encroachment under the "not covered" list in their document.
Having trouble finding real estate lawyer that deals with all this mess in my area. Thanks again for your help.

 

[seniorjudge]

California, Los Angeles County.
I want to thank all of those that replied to my question. I do appreciate your time and thoughts on my situation, although I do have one more question if I may?
Who is responsible for making sure the property is as depicted by the surveys when property is purchased? The original title papers have included boundries and encroachment under the "not covered" list in their document.
Having trouble finding real estate lawyer that deals with all this mess in my area. Thanks again for your help.

Q: Who is responsible for making sure the property is as depicted by the surveys when property is purchased?

A: The purchaser.


Q: Having trouble finding real estate lawyer that deals with all this mess in my area.

A: There are thousands of them. Keep looking.

 

[badaddidudesgal]

Thank you BelizeBreeze, Shel77, efflandt and seniorjudge. I feel more comfortable with my situation by reading your responses. It is a wonder what a little knowledge can do when in a situation such as this. Your time and effort answering my inquiries were appreciated.

An alternative might be to offer to sell each their strip of encrochment, if they do not want to remove it. As you say, 800 sq.ft. of California property is worth a dollar or two. Your mother would benefit from something she did not even know she had.

BTW efflandt, great idea you had. A little good news with the bad surely can't hurt the situation any. May even help calm what is sure to be some very hot and angry neighbors. Thanks much.

 

[badaddidudesgal]

where to locate encroachment property owners

California.

In order to prepare what I will need for the lawyer I am in need of direction. I am at a loss as to where to get the recent and past owners names, as well as the property postal addresses that are encroaching on my mom's property. The survey deals with property as tracks and zones etc which are foreign to me. Can the info be found on the internet or would I have to go to the county records for this?
And if you know of any other details I would need to check on in order to take back the land, I could use all the help I can get? I want the lawyer to handle as little as possible as money is very tight.
Thanks again. You all are great and very helpful.

 

[Shay-Pari'e]

That is what you hired your attorney for.

 

[seniorjudge]

California.

In order to prepare what I will need for the lawyer I am in need of direction. I am at a loss as to where to get the recent and past owners names, as well as the property postal addresses that are encroaching on my mom's property. The survey deals with property as tracks and zones etc which are foreign to me. Can the info be found on the internet or would I have to go to the county records for this?
And if you know of any other details I would need to check on in order to take back the land, I could use all the help I can get? I want the lawyer to handle as little as possible as money is very tight.
Thanks again. You all are great and very helpful.

Go to a title company and get title reports on all the involved properties.