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Quiet Title-Judge's Authority

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NoJustice

Guest
What is the name of your state? California

Facts:
1. We have a recorded deed with a correct legal description.
2. We have a certified and recorded survey.
3. We've owned the property for 13 years.
4. Neighbor previously owned both her 10 acre parcel and our 9 acre parcel prior to 1980 and again for a short time in 1988.
5. The neighbor did the land split in 1980 and Gift Deeded the 9 acres to her brother.
6. In 1988 the brother Gift deeded the land back to the neighbor and then she Grant Deeded the property to another party in 1988.
7. After 4 more changes in ownership of the 9 acre parcel we purchased the 9 acres in 1989 thru a Realtor.
8. The survey in 2000 shows the property line is different than we were shown by marking the corners in 1989.

Does a Judge have the authority, in a quiet title action, to take about 1/2 acre of level land with a well from us and force us to accept equal land on a steep downhill slope that is useless?

The 1/2 acre being taken from us is worth about $15K. The land we are getting is worth about $1,500. If , by some chance, the Judge does have the authority to force us to make the lot line adjustment, should there be damages?

We have objected to the lot line adjustment all along. We feel we are being treated unfairly.

As always... Thank you so much for your assistance.
Nomads4fun
 


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NoJustice

Guest
Judge's Authority

Homeguru...

After spending about $12K in lawyers fees over a period of about 6 mos. and getting no where in this small town, we are proceeding pro per. We are broke!!

I've been seeking a lawyer willing to act as my legal coach for hourly fees, but have not been successful. I've also sought help from all the other sources of legal aid I've been able to locate without success. No one seems to be interested in our plight.

I've been searching for Case Law for a similar case and have not found one so far... 2 full days of searching on line. Nor have I been able to find any California Statutes that apply to this situation.

It just doesn't seem just for a Judge to take our worthwhile property and make us accept useless property in exchange with no damages.

I realize you feel we should have a lawyer, but that is just not possible. If you can answer my question, I sure will appreciate itl.

Thanks..
 
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NoJustice

Guest
Case Law

Homeguru:

I've found lots of Case Law indicating the recorded title owner, where there is no uncertainty about the correct boundary line and no boundary agreement, does NOT lose their land and I've found lots of Case Law that has awarded damages for continuing encroachments.

Can you answer my question regading whether or not the Court/Judge has authority to make us do a land swap?? I sure will appreciate any help you can provide.

Thanks.. Nomads.
 
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NoJustice

Guest
Thank You to Homeguru!

Thank you for your help. That was what I thought, but acting Pro Per I like to have a confirmation.

Thanks again..
Nomads.
 

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