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redpuma67

Junior Member
What is the name of your state?What is the name of your state? California
We bought our house in 2000. Prior to escrow closing we were informed that there was an encroachment onto our neighbors property. In looking into it, it was discovered that a lot line adjustment had been completed in 1954 prior to the house being built. The additional 5' that was granted to our property was required to meet the setback codes at the time. Our house was built following the lot line adjustment. The title company informed us that the 5' was ours and eliminated the encroachment inclusion in the paperwork. In the midst of beginnning a landscaping project, it was discovered that the lot split had never been recorded with the county assessor. The City sent us a letter stating that they recognized the 5' as belonging to our property. The City of Glendale maps showed our lot as 55' wide but the assessor maps showed it as being 50' wide. We contacted the title company and their attorney did some research. She could not find any indication (paperwork) that the owner of the adjacent property had signed off on the split. Our copies of paperwork show that it went through the entire process including approval of the Planning Div. and the City Council. Based on documents that the attorney for the title company forwarded, the City of Glendale reversed its position and sent us a letter to this effect. The City of Glendale acknowleges that they do not have access to the original paperwork as their records have not been archived. The neighbor has been unwilling to discuss compromise solutions with us. The way it currently stands, we cannot enclose our backyard with a fence to protect our small child. What legal recourse do we have in trying to resolve this? Would there be any liability (negligence) on the part of the title company? the City?
 


ms.magoo

Member
It really sounds like you have a pretty complicated problem here. The good thing is that you do have a lawyer working for you on this. I'm not sure, but if you do have all the documents showing that they gave you that 5', then I'm gonna take a guess on this, maybe ask your lawyer about going with the route of Promissary Estoppel. Another words, the City, and the Title Company gave you their promise that the 5' was yours an now they can't take their promise back they gave to you. They will then be estopped from taking that promise away. This might also force the county assessor to have it recorded as such. Hopefully other posters will have some idea's to also help you out. This is just my two cents. :p
 

HomeGuru

Senior Member
redpuma67 said:
What is the name of your state?What is the name of your state? California
We bought our house in 2000. Prior to escrow closing we were informed that there was an encroachment onto our neighbors property. In looking into it, it was discovered that a lot line adjustment had been completed in 1954 prior to the house being built. The additional 5' that was granted to our property was required to meet the setback codes at the time. Our house was built following the lot line adjustment. The title company informed us that the 5' was ours and eliminated the encroachment inclusion in the paperwork. In the midst of beginnning a landscaping project, it was discovered that the lot split had never been recorded with the county assessor. The City sent us a letter stating that they recognized the 5' as belonging to our property. The City of Glendale maps showed our lot as 55' wide but the assessor maps showed it as being 50' wide. We contacted the title company and their attorney did some research. She could not find any indication (paperwork) that the owner of the adjacent property had signed off on the split. Our copies of paperwork show that it went through the entire process including approval of the Planning Div. and the City Council. Based on documents that the attorney for the title company forwarded, the City of Glendale reversed its position and sent us a letter to this effect. The City of Glendale acknowleges that they do not have access to the original paperwork as their records have not been archived. The neighbor has been unwilling to discuss compromise solutions with us. The way it currently stands, we cannot enclose our backyard with a fence to protect our small child. What legal recourse do we have in trying to resolve this? Would there be any liability (negligence) on the part of the title company? the City?
**A: you need to hire your own atorney.
 

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