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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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If we bought a home, and a fitness trail came up and you weren't

Customer Question

If we bought a home, and a fitness trail came up and you weren't aware that it's on your property, can I sue the builder or the hoa
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,I assume from your post that you have purchased a piece of property and following this purchase, a pedestrian trail is going to be installed that crosses your property.This can only occur if there is an existing easement across your property (something recorded against the deed for your property, if you do not have a full title report for your property you can go to the County Recorder's Office and search through the records (I don't recommend this unless you are very confident in your ability to do so, it is easy to overlook records, particularly easements), or you can pay a small fee to a title insurance company to purchase a title report (major title companies include Old Republic, First American, or Chicago Title - but any title company will be able to do this for you quickly and easily).Unfortunately, there is no basis for a lawsuit against a properly recorded easement. The court's have ruled that as these easements are a matter of public record (anyone can find them, including prospective buyers - it should have been something you reviewed as part of your purchase documents), the seller is not concealing or hiding anything from you (there is nothing to hide), and even if they did (assuming someone told you differently), courts have gone so far to say such reliance is "unreasonable" against a properly recorded public easement (again, their reasoning is that anyone can go and find these documents).