Vacation rental came with an Undisclosed Easement: title claim

Vacation rental came with an Undisclosed Easement: title claim

Real Estate Investor · Chico, CA · Member since 2016 · 248 posts · 105 votes

I bought a SFH a little less than a year ago.

Turns out the neighbor has an easement on the best parking spot. 

Ive filed a claim with my title company and it looks like I'll almost certainly be entitled to something.
Ive added up the loss of value and costs incurred to me and I'm thinking I'll submit a settlement offer to the title company based on this stuff.

Although, I'm not including the loss of ability to build a garage there, which I was considering. And it doesn't include the decreased resaleability because of the little black mark easement on it, which the buyer will be responsible for tax, insurance and maintenance going forward. 

But my question is, should I go after the seller? in the sellers disclosure it clearly says "NO" next to the easements and encroachments section. What would they potentially be liable for money wise? I'm not looking to get into a long drawn out legal battle, but I don't want to settle for less than Im entitled to. Any guesses on how much she would be liable for for lying on the disclosure? 

and, if I go ahead and settle with the title company, would that end any potential pursuit of restitution from the seller?

any advice or refferal to a CA real estate attorney would be greatly appreciated.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    Have you talked to your realtor to see what they think?

  • Real Estate Investor · Chico, CA · Member since 2016 · 248 posts · 105 votes
    7y

    Yea, he's very helpful but isn't super familiar with title claims, I've been talking to as many people as possible basically. 

    I didn't want any of this, but I have to deal with it unless I want to get totally screwed. 

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