In a California metes and bounds legal description, the closing call reads: '...thence South 45 degrees West 200 feet to the point of beginning.' The description fails to mathematically close — the final call does not return to the starting coordinates. Under California title examination standards, what is the legal consequence of this defect?
Correct Answer
B) The description creates a cloud on title that may require a quiet title action under CCP §760.010
A metes and bounds description must form a closed figure — all boundary calls must trace back to the point of beginning (POB). When a description fails to close, it creates an ambiguity about the true boundaries of the parcel, which constitutes a cloud on title. Under CCP §760.010, any party with an interest in real property may bring a quiet title action to resolve such defects and establish clear boundaries of record.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.
Setback requirements are zoning regulations that specify the minimum distance a building or structure must be set back from property lines, streets, or other boundaries. They ensure adequate light, air, and space between structures.
Spot zoning is an illegal or improper rezoning of a small parcel of land that is inconsistent with the surrounding zoning and the comprehensive plan. It benefits an individual owner rather than the community as a whole.
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