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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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I purchased my property 4 years ago, a year after that I recieved

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I purchased my property 4 years ago, a year after that I recieved a bill for irragation, I told them I did not want or even have access to irration they said the only way to cancel is to pay up current then they will cancel. Is this legal?? I check in to it the property was 2 tax lots before I purchased and the irrigation is on the other property. They said not there problem contact my neighbor and access there irrigation.

William B. Esq. :

Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I believe I can best help you with this matter if I have a little bit more information.

William B. Esq. :

Does the irrigation company claim to have a lien on either one of the parcels?

William B. Esq. :

Did you have purchase title insurance on the property when you bought the property?

Customer:

Yes, I did purchase title ins, The irrigation was charged at closing but I was unaware of it. the property is very small not in need of irrigation.

William B. Esq. :

Thank you. (1) if the irrigation was charged at closing, it seems that it should have been paid; and (2) if it was not paid or not disclosed to you as an encumbrance or lien on your property, your title company should be the entity that is liable for this - you can tender this claim to them for failure to disclose the irrigation company's claim as a lien on the property prior to closing.

William B. Esq. :

If the irrigation company does have a legitimate lien on the property (it is perfected in some fashion but was not paid in closing), it is entitled to payment. The terms of requiring payment prior to cancellation are subject to the contract which govern the lien - you should be able to get a copy of that either from the company or from the title company (it will be on file with the Recorder's office, but the title company should be able to get it for you quickly).

Customer:

I do not believe there was a lien at time of purchase the title company paid first year irrigation, My question is legality of having to pay for something I have never had access to or used. Do I have to pay to close this .

William B. Esq. :

If the irrigation company has a valid lien on the property, then yes. It is more likely than not that you have a valid easement that would allow you to get access to the water through one of your neighboring parcels but that is separate issue.

Customer:

So if they have a valid lien I will have to pay to cancel.

William B. Esq. :

That is correct (I am assuming they are accurately representing the terms of the contract upon which the lien is based). I would strongly encourage you to get a written release for any future liability or any such language that would make you confident in your release - again reviewing the language in your current contract is usually the best place to start.

Customer:

Thank you.

William B. Esq. :

You are welcome, I do hope the above is helpful, I hope you are able to get a swift resolution to this matter. Please let me know if there is anything further I can assist you with.

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