Q: Fraud - 35 years ago I received a Grant Deed for consideration. Now the Seller is challenging the recorded survey.
A well is 8" inside my property line. The Seller (Decedent represented by Executor) claims the well is on their property despite three licensed surveyors mapping it on my property and recorded with LA County as such. The lawsuit has cost me a bundle. I counter sued for fraud because a Grant Deed implies a warranty of no encumbrances. OC maintains that there was no deceit since his client claims the property is the Estate's. They have had 35 years since I bought the property to quiet title. Even the surveyor they hired after their Petition was filed, surveyed it on my property. I took his deposition, and he confirms his findings under oath. In 2012 the Petitioner acknowledged that I owned the property by offering me an exchange of easements which included a careful mapping of the area around the well. Now OC is resisting the fraud complaint on the basis that there needs to be more discovery/investigation regarding the location of the well. How will I prevail?
A: No one can predict the outcome of a lawsuit such as this. I don't know who "OC" is. Unless the recorded documents are ambiguous as to whether or not the well is on your side of the property or not, that should be easy to figure out. I also don't understand your comment that the Estate owns the property. If record title is clear that you are the owner of the property, why would the other side claim it is in the Estate. Whose Estate? You have me confused. If the Deed shows that the Estate owns the property, you have a whole different ball game.
A:
It's not clear what is the fraud about which you are suing. If the fraud is selling you a property with a well, and the well is not on the property, you would have to prove that the representation was false, that the person who made the representation knew it was false, that you relied on the representation, and that you were damaged.
Here, it appears that you have proven that the representation was true. In fact, there is a well on your property. As a result, there can be no fraud. I expect that you will lose if that is the basis of your fraud action.
I would urge you to retain a real estate attorney to examine what, if any, other causes of action you could assert.
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