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Property Ownership Land Use ControlsLegal_descriptionsEASY

A property owner discovers that the metes and bounds description in their recorded deed contains a gap — the final call does not return to the point of beginning. What is the most appropriate remedy available under California law?

Correct Answer

B) File a quiet title action in superior court to have the boundaries judicially established

When a legal description is defective due to a non-closing metes and bounds description, the property owner may file a quiet title action in California superior court under CCP §760.010 et seq. The court considers extrinsic evidence — including surveys, prior deeds, and the intent of the parties — to judicially establish the correct boundaries and clear the cloud on title.

Answer Options
A
Record a new deed unilaterally correcting the description without court involvement
B
File a quiet title action in superior court to have the boundaries judicially established
C
Request that the county recorder void the defective deed and reissue it
D
Apply to the State Board of Equalization to administratively correct the boundary

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Related Topics & Key Terms

Key Terms:

metes_and_boundsnon_closing_descriptionquiet_titleCCP_760_010boundary_defect

Related Concepts

Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.

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.

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