School District owns half my backyard

What is the name of your state?CAlifornia
I lived behind a public high school, recently we have discovered that the original homeowners fence was move with compliance and documents supplied and recorded by the school district in 1987,stating the property owners have license to use and maintain the property but it would always remain with the School district, so as not to burden the homeowners with property tax. The plot of land is about 2,000 square foot a large hill that’s slope into our yard We bought the house in 1991,under the assumption that this was all our property . I searched our deed for any disclosure or records on the title policy . But nothing was there . So Wouldn’t my title insurance be responsible for finding those original documents and disclosing those arrangements? My neighbor had the original doc and she said it was given to all the neighbors on our block. This has become a big issue, because now property of School District can be used as a set back line for new construction. Please advise

Where does the lot line of the land DESCRIBED in the legal description of your deed and title policy run? If you are now told that you do not now own all the land that they described in SChedule A and insured you were getting, THEN there could be a title claim.

As to the location of the fence, unless you or the seller provided the title company a copy of a current survey at the time of purchase and had the "Survey Exception" deleted, they most likely did not insure over matters which would have been disclosed by a current survey. The title company cannot know what IMPROVEMENTS sit where on the land UNLESS they are provided a survey.

nextwife said:

Where does the lot line of the land DESCRIBED in the legal description of your deed and title policy run? If you are now told that you do not now own all the land that they described in SChedule A and insured you were getting, THEN there could be a title claim.

As to the location of the fence, unless you or the seller provided the title company a copy of a current survey at the time of purchase and had the "Survey Exception" deleted, they most likely did not insure over matters which would have been disclosed by a current survey. The title company cannot know what IMPROVEMENTS sit where on the land UNLESS they are provided a survey.

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Agreed. The title insurance policy did not guarantee that the fence was in the right place.

The lot line of the land DESCRIBED It is the regular lot line of the tract, and the school district property in not on my deed. I realize that Title policy don’t cover boundary issues. But are they not responsible to show me The contract with the previous owner of a license agreement with the school district as in good faith. If it was a public record . Because the License Agreement is personal to the Licensee and his family It is non-assignable an non-transferable Upon transfer of title of Licensee"s property a new agreement with Licensor will be required.
“In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party Blaa blaa Blaa .
So title policy will not help . It was up to the previous owner to disclose. Is it not a cloud on my title?

Ladydiane said:

The lot line of the land DESCRIBED It is the regular lot line of the tract, and the school district property in not on my deed. I realize that Title policy don’t cover boundary issues. But are they not responsible to show me The contract with the previous owner of a license agreement with the school district as in good faith. If it was a public record . Because the License Agreement is personal to the Licensee and his family It is non-assignable an non-transferable Upon transfer of title of Licensee"s property a new agreement with Licensor will be required.
“In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party Blaa blaa Blaa .
So title policy will not help . It was up to the previous owner to disclose. Is it not a cloud on my title?

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Q: Is it not a cloud on my title?

A: No, because what the school district owns is not your land.

I take it, you bought the property with the understanding that the fence line was congruent with the property line and would allow for future new construction. Several things come onto play here, the sellers are estopped Ca. Evidence code 622-23, because they intentionaly failed to disclose the true nature of the property and it's encumberances, you bought the property with the desire to expand. Also check with the local building department, for existing permits. Please see http://www.dre.ca.gov/disclosures.htm
C. Disclosure and Notice of Blanket Encumbrance

A blanket encumbrance is a deed of trust, mortgage, or other lien or encumbrance (excepting taxes or assessments levied by public authority) which affects more than one lot or unit in a subdivision. Section 11013.2 of the Business and Professions Code mandates protection of a buyer’s funds unless the lot or unit can be unconditionally released from the blanket encumbrance. If there is a blanket encumbrance and the project is not subject to Section 11013.2, a prospective buyer (or lessee for a period of more than five years) must receive and sign the following notice prior to the sale (or lease):

BUYER/LESSEE IS AWARE OF THE FACT THAT THE LOT, PARCEL, OR UNIT WHICH HE OR SHE IS PROPOSING TO PURCHASE OR LEASE IS SUBJECT TO A DEED OF TRUST, MORTGAGE, OR OTHER LIEN KNOWN AS A "BLANKET ENCUMBRANCE".

IF BUYER/LESSEE PURCHASES OR LEASES THIS LOT, PARCEL, OR UNIT, HE OR SHE COULD LOSE THAT INTEREST THROUGH FORECLOSURE OF THE BLANKET ENCUMBRANCE OR OTHER LEGAL PROCESS EVEN THOUGH BUYER/LESSEE IS NOT DELINQUENT IN HIS OR HER PAYMENTS OR OTHER OBLIGATIONS UNDER THE MORTGAGE, DEED OF TRUST, OR LEASE.
______________ __________________________________________________

Date


Signature of Buyer or Lessee

(An example of an encumbered project which is not subject to Business and Professions Code Section 11013.2 is a subdivision zoned for, and limited in use to, industrial or commercial purposes.)

When the prospective buyer or lessee receives and executes the foregoing notice, the buyer or lessee acknowledges awareness of the blanket encumbrance and the possible consequences thereof.

(Civil Code Section 1133)

D. Delivery of Governing Documents and Disclosures to Prospective Purchaser in a Common Interest Development

Any person offering to sell or lease lots or units in a common interest development (a community apartment project, condominium project, planned development, or stock cooperative) which requires a public report prior to the offering must make available the following documents to the prospective buyer or lessee before the execution of an offer to purchase or lease:

• the declaration of covenants, conditions, and restrictions;

• the articles of incorporation and bylaws for the association;

• any other instrument which establishes or defines the common, mutual, and reciprocal rights and responsibilities of the owners or lessees of interests in the development;

• the current budget and related financial statements of the association; and,

• a statement prepared by the governing body of the association regarding any outstanding delinquent assessments and related charges levied by the association against the subdivision interest the prospective purchaser (or lessee) is considering buying (or leasing).

In addition, the subdivider (or agent) must deliver to the purchaser or lessee copies of the foregoing documents prior to close of escrow.

(Business and Professions Code Section 11018.6)

take it, you bought the property with the understanding that the fence line was congruent with the property line and would allow for future new construction. Several things come onto play here, the sellers are estopped Ca. Evidence code 622-23, because they intentionaly failed to disclose the true nature of the property and it's encumberances, you bought the property with the desire to expand. Also check with the local building department, for existing permits. Please see http://www.dre.ca.gov/disclosures.htm
C. Disclosure and Notice of Blanket Encumbrance

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Thanks for the information, I did find the disclosure statement copy from seller and realtor it was checked off yes on the little block about a known easement, but they did not show us any documents from the school district .It has no date, my husband signature, but not mine. Dose that mean they covered themselves? Even if the School District had them sign a six page document. Which we never saw.