A recorded deed contains a metes and bounds description that does not return to the point of beginning. Which of the following best describes the legal effect of this defect under California law?
Correct Answer
B) The defect creates a cloud on title that can be resolved through a quiet title action or correction deed
A metes and bounds description that fails to close is legally defective because it does not precisely define the property's boundaries. Under California law, this defect creates a cloud on title. The standard remedies are a quiet title action under CCP §760.010 et seq., in which a court establishes the correct boundaries using extrinsic evidence and party intent, or a correction deed executed by the parties to supply an accurate description.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.
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