LostParcel
Junior Member
"Unknown" parcel of land in California - Is Adverse Possession appropriate solution?
What is the name of your state? California
Here is what happened:
1957 - X owns a parcel 200' wide by 300' long.
1958 - X gift deeds western part 100' wide by 300' long to Y (parcel A), deed is not recorded. X lives on parcel A until her death in 1984.
1963 - X sells eastern part 90' wide by 300' to Z (parcel B). Assessor's Map updated to show 2 parcels 110'x300'[Parcel C] and 90'x300'[parcel B].
1982 - gift deed to Y is recorded. Assessor's Map never updated to indicate the 100'x300' parcel A that it created, and remainder 10'x300' [parcel D] No one noticed the creation of parcel D at this time.
1984 - X dies intestate. X still owned the 10'x300' [parcel D] strip of land between parcel A and parcel B, but nobody realized it. Family members, the Assessor's Office, and Law Firm X all overlooked the existence of parcel D, and treated it as an undivided part of parcel C, Including a fence built in 1963, between parcels B and C, which conforms to the Assessor's mapping.
1986 W purchases parcel A.
2007 - The existence of parcel D is "discovered" by W. The County has no record of a probate of X's estate. The law firm that handled everything including the deed in 1958, says the records were put into storage and then destroyed.
Is a quiet title action based in adverse possession an appropriate course of action for W to quiet title to parcel D that she has occupied as part of parcel A? It seems that technically, parcel D is in X's estate.What is the name of your state?
What is the name of your state? California
Here is what happened:
1957 - X owns a parcel 200' wide by 300' long.
1958 - X gift deeds western part 100' wide by 300' long to Y (parcel A), deed is not recorded. X lives on parcel A until her death in 1984.
1963 - X sells eastern part 90' wide by 300' to Z (parcel B). Assessor's Map updated to show 2 parcels 110'x300'[Parcel C] and 90'x300'[parcel B].
1982 - gift deed to Y is recorded. Assessor's Map never updated to indicate the 100'x300' parcel A that it created, and remainder 10'x300' [parcel D] No one noticed the creation of parcel D at this time.
1984 - X dies intestate. X still owned the 10'x300' [parcel D] strip of land between parcel A and parcel B, but nobody realized it. Family members, the Assessor's Office, and Law Firm X all overlooked the existence of parcel D, and treated it as an undivided part of parcel C, Including a fence built in 1963, between parcels B and C, which conforms to the Assessor's mapping.
1986 W purchases parcel A.
2007 - The existence of parcel D is "discovered" by W. The County has no record of a probate of X's estate. The law firm that handled everything including the deed in 1958, says the records were put into storage and then destroyed.
Is a quiet title action based in adverse possession an appropriate course of action for W to quiet title to parcel D that she has occupied as part of parcel A? It seems that technically, parcel D is in X's estate.What is the name of your state?
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