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topless
12-14-2004, 11:49 AM
on the original deed to assholes house. It seems that even if he does own the stupid driveway, that there probablly is a right to passage clause in it somewhere. Does anyone know where and how I can find it? :confused:

Kindsvater Flat
12-14-2004, 12:03 PM
Title Company?

Performance 19
12-14-2004, 12:06 PM
Need to pull a title report. I think someone posted earlier they would do this for you. Otherwise, let me know and I can have a friend do it, but she is out of town until Friday. You can always go to County building, downtown Riverside. They have a special records room where you can look this stuff up. 4080 Lemon St. 951-955-6200.

Squirtin Thunder
12-14-2004, 12:14 PM
I am not sure but if I remember right there is a standing right of passage or something like that, that has been grandfathered in through the years on rual ca areas. You may have to look real deep. In auburn ca we had a problem, and found that the nieghbor had come 5' past his easment with his fence and drive. This could work to your benifit big time.
Jim

abraman1326
12-14-2004, 12:15 PM
If there is an enchroachment, or easement, it will be listed on your title report. I can pulla title report from work, so if you need it, just pm me the address, city zip, and county, I'd be happy to look it up for you, and e mail it to you...
BRA

C-2
12-14-2004, 12:29 PM
PM your regular email address where you can accept a PDF attachment.

topless
12-14-2004, 12:29 PM
The thing is, it is not an easement. He owns it as part of his property. He just can't block it off because city, power, etc needs it to access his meters. His house is directly behind mine and the access to my back yard and horses is on the side ...........his driveway essentially. My other neighbor who has been there for years told me that originally when they built the homes in Norco, they all had right of passage clauses in the deeds because it is rural and horse property. I just need to find the original to prove it and make him leave me alone.

abraman1326
12-14-2004, 12:33 PM
If he has been using it for more than 5 years, there is nothing that can be done now. It should show on the deed, but if he has no other access to his land, and has been using yours for 5 years or more, I don't know that there is anything that can be done now. You may try to look at Ca's DRE web page, and read the regulations... www.dre.ca.gov/ You should be able to look it up there...
BRA

topless
12-14-2004, 12:34 PM
If he has been using it for more than 5 years, there is nothing that can be done now. It should show on the deed, but if he has no other access to his land, and has been using yours for 5 years or more, I don't know that there is anything that can be done now. You may try to look at Ca's DRE web page, and read the regulations... www.dre.ca.gov/ You should be able to look it up there...
BRANo, it's access to MY yard and horses through HIS driveway.

abraman1326
12-14-2004, 12:37 PM
Was an easement included in your deed? If you have no other access to your land, he can't really stop you. I guess I'm a little confused on what is going on...
BRA

Brewzed
12-14-2004, 12:56 PM
Topless, If you can pm your address I can check to see if I can get your deed if you don't have it and I can look at the assessors map to get a better idea of what is going on. His deed wont have your easement (if one is recorded) listed. If an easement has been recorded, it would be listed in his title report as a schedule "b" item. Your deed might read Lot whatever, together with an easement for ingress/egress or your deed might be two parcels, 1 for your property and the other for the easement parcel.
Like I posted on another thread, even if it is not recorded, you still have prescriptive rights to his driveway. If he starts blocking it, you may have to take him to court. If you and another neighbor have been using it, the prescriptive rights will hold up in court.
If you have a copy of your title report, I can review it, order the documents and tell you exactly what is going on.
My inlaws had a problem with a neighbor in Norco and we broke out our survey equipment and it stopped real quick.
PM me and let me know if I can help

Roxysnow
12-14-2004, 12:57 PM
whats the address?

repo man
12-14-2004, 01:03 PM
get a coffe can of dirt and a funnel and pour it in his gas tank :devil:

ONOUDIDNT
12-14-2004, 01:11 PM
Brewzed is a joker, don't trust him....!!
Just kidding, he knows what's up. I've helped a couple people here with property issues and Brewzed is my partner in crime. FYI, I am California licensed and will provide only professional opionions, at least for this topic. Since my prior screen name got bounced for "illicet" material. Once a surveyor shows up, usually the neighbor will come out and we have ways to shut them up.... legally that is

topless
12-14-2004, 01:18 PM
Brewzed is a joker, don't trust him....!!
Just kidding, he knows what's up. I've helped a couple people here with property issues and Brewzed is my partner in crime. FYI, I am California licensed and will provide only professional opionions, at least for this topic. Since my prior screen name got bounced for "illicet" material. Once a surveyor shows up, usually the neighbor will come out and we have ways to shut them up.... legally that is
Cool. So what did you do to get kicked out?.....You bad boy! :crossx:

ONOUDIDNT
12-14-2004, 03:09 PM
My fingers accidently reposted a link to some photos of a fully dressed girl in provocavite positions. Not illicite in my eyes, considering a lot of the other ones that go up on here. I am only a man that appreciates the beauty of a women... is that soo bad???

ONOUDIDNT
12-14-2004, 03:30 PM
So I pulled the deeds and maps/deeds for your area based on what you have described. I can assume that the area you use to get into your yard is along the 20' strip along the south side of your property gaining access from ****side Avenue. Your neighbor does in fact own that strip in fee together with his main property, although the 2 properties are assessed separatly from the Tax Office. The point is, even though he "owns" the strip of property, and if your fence has a gate that has existed for over 5 years, you do have prescriptive rights to an unwritten easement. If he gates up the strip, unfortunatly you'll have to get an attorney and fight for the access. But you have to take action within 1 year, or you give up the unwritten right. A good law firm for this is Rutan & Tucker in Costa Mesa, (714) 641-5100.

LVJAKAZ
12-14-2004, 03:46 PM
Good Luck Topless :) I hope what I sent you helps. Call me if you have any ??? :) :)
Marla

topless
12-14-2004, 04:15 PM
Good Luck Topless :) I hope what I sent you helps. Call me if you have any ??? :) :)
Marla
It does help. Thanks again. It's just a little hard to read and I don't have a clue what the exceptions are they they are talking about.
Alison

topless
12-14-2004, 04:18 PM
So I pulled the deeds and maps/deeds for your area based on what you have described. I can assume that the area you use to get into your yard is along the 20' strip along the south side of your property gaining access from ****side Avenue. Your neighbor does in fact own that strip in fee together with his main property, although the 2 properties are assessed separatly from the Tax Office. The point is, even though he "owns" the strip of property, and if your fence has a gate that has existed for over 5 years, you do have prescriptive rights to an unwritten easement. If he gates up the strip, unfortunatly you'll have to get an attorney and fight for the access. But you have to take action within 1 year, or you give up the unwritten right. A good law firm for this is Rutan & Tucker in Costa Mesa, (714) 641-5100.
He can't fence it off because he has a manure bin that the city has to access weekly. The fence has a gate that has been there for well over 5 years. Thanks for the info. ;) Now don't go posting sexy pictures! :hammer2:

MudPumper
12-14-2004, 04:23 PM
Topless, I have been following your a sshole neighbor posts and have been trying to get a visual of what is going on over there with the two properties. Maybe you can post some pics showing the access and the properties to make things a little more clear for us. Maybe a shot of the driveway from the road showing the yards or houses.......... You get the idea. :D

LVJAKAZ
12-14-2004, 04:30 PM
It does help. Thanks again. It's just a little hard to read and I don't have a clue what the exceptions are they they are talking about.
Alison
In the morning I will call my friend at the Title Company and see if she can explain the exceptions. :)

Brewzed
12-14-2004, 04:35 PM
In the morning I will call my friend at the Title Company and see if she can explain the exceptions. :)
You guys can send them our way, This is all ONOUDIDNT and myself deal with on a daily basis. We actually show Title Officers and title companies where easements are. Most (not all) Title Officers don't know how to depict easements or locate them.

topless
12-14-2004, 04:36 PM
Topless, I have been following your a sshole neighbor posts and have been trying to get a visual of what is going on over there with the two properties. Maybe you can post some pics showing the access and the properties to make things a little more clear for us. Maybe a shot of the driveway from the road showing the yards or houses.......... You get the idea. :DI'll see if I can take pictures in the morning. That ought to freak him out! :D

MudPumper
12-14-2004, 04:37 PM
Thanks sweetie, it would really help make sence of the things you describe. :shift:

topless
12-14-2004, 04:50 PM
You guys can send them our way, This is all ONOUDIDNT and myself deal with on a daily basis. We actually show Title Officers and title companies where easements are. Most (not all) Title Officers don't know how to depict easements or locate them.She faxed them to me and they are a little hard to read.

Brewzed
12-14-2004, 05:12 PM
Do you still have your title report from escrow when you bought the property.
If you have that, we can get the documents.
The best way to go about this is to have your property surveyed, all of the easement & items burdening or benifiting your property shown on the survey.
Then you will know exactly where your property line is. You can always go by fence lines and/or wall lines, but that is not always the case. If you end up going to court over this, you will need the survey anyway.
In a typical tract home with a typical street, curb & sidewalk it is easy to tell roughly where the property lines are, because they are usually marked with a
Lead and Tag in the curb or another type of marker. In Norco, there are no sidewalks or curbs so it's a bit harder to determine where the property lines actually are.
I can almost guarantee he will also hire a surveyor, but the results will be the same or vary between a couple hundrenths of a foot if that. We all use the same methods and surveyors don't like to disagree.
We can look over the documents and give you are best opionion, but without a survey the easements and what not are basically floating.

topless
12-14-2004, 07:35 PM
I'll PM you tomorrow with the specifics. Right now, I'm going to put my tree up. Thanks everyone for your help. :)