Wednesday, December 5, 2012
Fidelity National Title Company's First Mistake
In 1998 Hamilton Vose subdivided his property and sold this 80 acre parcel. At that time the Grant Deed from Napa Land Title Co. lists only Parcel One (the subject property) and Parcel Two (later in the Fidelity Grant Deed described as Parcel Six - the easement through the former Chateau Potelle property).
In 2002 and again in 2004, Fidelity National Title Company added Parcels Two, Three, Four and Five comprising the northern aka lost easement.
According to Fidelity's Website:
"In order to determine the status of title, Fidelity National Title conducts a diligent search of the public records for those documents associated with the property."
So one of the reasons I was told that the easement was not valid was because it was never the seller's to deed to me. Reading these two Grant Deeds last week - this actually made sense for the first time. Not being a title officer preparing a Preliminary Title Report and a Grant Deed on a property for a client, I would think that part of doing a "diligent search of the public records for those documents associated with the property" would include looking at the Grant Deed of the Seller !!!!!! Guess not.