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barristerinky
barristerinky, Other
Category: CA Real Estate
Satisfied Customers: 33791
Experience:  Attorney practicing real estate law for over 15 years
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How do we add over said la a location control easement on

Customer Question

how do we add over said la a location control for the easement on our deed that says sement over said land for ingress, egress and road purposes and incidental purposes, as in favor of adjacent property owners and the public in general, in deed recorded July 31, as book 4853 page 1111, official, records. Affects: The exact location and extent of said easement is not disclosed of record. No representation is made as to the ownership of said easement." correct the tatement above to add "An easement" after the word "says" in the first line
Submitted: 6 months ago.
Category: CA Real Estate
Expert:  barristerinky replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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If there is a mistake in the deed or an omission, then your recourse here is to have a "Deed of Correction" (DOC) drafted with the corrections made in it and then record it. A DOC can't change any material terms of the deed, like the parties, the price, etc. but is strictly for correcting clerical mistakes or omissions from the original deed.

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So basically the deed is identical to the current deed, except whatever mistake or omission is corrected and it references the current deed and that it is strictly to correct an error or omission or clerical mistake.

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However, all the parties to the current deed must also sign the deed of correction so you have to track down the seller and have them sign in front of a notary.

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Any real estate attorney or title/closing company can prepare the DOC for you and help with getting it executed and recorded.

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thanks

Barrister

Customer: replied 6 months ago.
When the deed says ""an easement over said land for ingress, egress and road purposes and incidental purposes, as in favor of adjacent property owners and the public in general", if I read your response correctly, I have to get the adjacent property owner (the one doing the damage to our property to sign the DOC and "the public in general as well" --makes it impossible!!!
Expert:  barristerinky replied 6 months ago.

Was the original deed signed by "the public in general"?...probably not.... so only the other party would have to sign the deed.

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But I am still not sure what your ultimate goal is here... If you can tell me what it is that you are trying to accomplish, I may be able to suggest a course of action that will get you there.

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You asked how to modify language in a deed and I explained how.. You didn't mention any problem with a neighbor or that you are trying to get them to stop whatever they are doing..

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If I don't have complete information about a situation, I can only answer what is asked...

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thanks

Barrister

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