A California homeowner purchases a property without being informed that the mineral rights were previously severed and are owned by a third party. When the mineral rights owner begins exploration activities, the homeowner is surprised. Under California law, how should the homeowner have been informed?
Correct Answer
B) A proper title search would have revealed the mineral rights reservation in the chain of title
Under California law, a severed mineral rights interest is recorded in the chain of title at the county recorder's office. A proper title search and title insurance policy would reveal the mineral rights reservation or conveyance. The homeowner (or their title company) should have discovered this interest during the title examination process before closing.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).
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