[bearishgurl]

[quote=Blogstar]Threadjack,

I had know idea so many private litigation lawyers were licensed real estate brokers.[/quote]They are. I was actually thinking of PMing you to refer you to one.

A member of the CA state bar or licensee with the CA Board of Accountancy isn’t required to have four consecutive years of RE salesperson experience to qualify to sit for the RE broker exam, as everyone else is. They are allowed to sit for it by virtue of their education and licensure alone.

I would take a wild stab in the dark here and make the assumption that your title may not exactly be “perfect” as it relates to your easement, especially if that road-easement is the only egress/ingress of the servient tenement user’s property.

[bearishgurl]

More questions, Russ. You have not provided enough info to help you in the way that you are asking.

Did you receive a quitclaim deed or a grant deed from the previous owner of your adjoining lot when you purchased the easement from them?

Was that deed timely recorded?

Or did you purchase the superior rights to the easement without receiving a deed?

[bearishgurl]

[quote=bearishgurl]If you recorded the easement transfer when you bought it with the proper legal description on the recorded deed and that legal description was correct, then I believe there may still be a need for a “quiet title” action if it was never properly transferred to your plat.

All I’m saying is there may be some confusion with your lawyer as to who is the legal owner of record of your easement, even if you recorded its transfer.

Is the “rogue user” the new owner of the property adjoining yours or a tenant of the new owner of that property?[/quote]

Changes made in bold. Sorry for any confusion.

[bearishgurl]

If I were you, I would want everything in my name (incl my [replatted] lot) and the rights of the user of the subservient tenement explicitly spelled out if you find you legally have to honor a written agreement the previous owner had with him.

But that’s just me.

[bearishgurl]

If you recorded the easement transfer when you bought it with the proper legal description on the recorded deed and that legal description was correct, then I believe there may still be a need for a “quiet title” action if it was never properly transferred to your plat.

All I’m saying is there may be some confusion with your lawyer as to who is the legal owner of record of your lot, even if you recorded the easement transfer.

Is the “rogue user” the new owner of the property adjoining yours or a tenant of the new owner of that property?

[bearishgurl]

[quote=blogstar]…i lived here first and bought the easement from the previous owner of the lot the trouble maker is on….[/quote]

Russ, when you “bought” the easement from the previous owner, did you share with him/her the cost of a survey and replatting (requires engineer stamp) so that the easement would show up on the county records (plats) as part of YOUR lot instead of theirs?

[bearishgurl]

[quote=blogstar] …. Why a huge scope to get some court orders on clearly rogue behavior from the owner of a servient tenement?[/quote]

Russ, I can’t give you legal advice and will assume you already have an attorney to whom you can ask your questions.

My three questions for you are:

How long have you been “looking the other way” while the user of your “servient tenement” displayed their “rogue behavior?” (Talking to them about it and not serving them with any papers is technically “looking the other way.”)

Did you notice if the user of your “servient tenement” was displaying this “rogue behavior” when you first viewed the property prior to placing an offer on it? (If so, that could have been the main reason the property was listed at that time.)

Was it disclosed to you in your transfer disclosure statement or preliminary title report while you were in escrow to buy the property that a [named] user of a servient tenement had certain rights to that particular easement? If so, what were they and do you actually have a copy of the contract?

Sorry if you’ve posted these details before and I missed them.

[bearishgurl]

[quote=bushman1]Thank you all for the valuable information. Here is the info that we have on Robertson Ranch.
We were looking at a one story, $744k, 1578 sq ft
Mello Roos $1522 per year
HOA $266 month
Property Tax 1.071%

We currently live in San Marcos (about 6 miles from the beach) and own our 2 story 1590 sq ft condo. We pay Mello Roos and HOA about $1000 less per year less than we would in RR.

Your listings are appreciated. Not something our realtor even showed us…our eyes are open. Any feedback is very much appreciated.

Bushman[/quote]

bushman, that new RR smallish home you are considering is going to cost you $393 ($127 MR plus $266 HOA dues) for LIFE (+ any hikes to your HOA dues in the future)!

You state you currently pay ~$309 mo in MR and HOA ($1000 yr less than you would pay in RR). Since those fees are for a condo complex, you are presumably getting some services for your HOA dues portion (trash pickup, common area liability insurance and possibly water and sewer if you live in an attached dwelling). That’s not near as bad as having to pay $393 month for basically nothing for a single-family home. You don’t need a community “tot lot” anymore and if you don’t play tennis, you don’t need a community tennis court, etc, either.

Do you have any idea what $393 would buy each and every month at Lowes or Home Depot? If you have good credit, you could go on a 6-12 month “interest-free” payment plan at one of these big box stores and buy $4716 (amt of annual MR + HOA at RR) of flooring (with or without installation) for 12 even $393 payments and after the 12th payment, your payments would be over! That is almost enough to rip out old carpet and do 1000 sf of a 1550-1575 sf home in a really nice brand-name hardwood strip flooring (3 color choices), including installation (w/no stairs) at $5890 ($5.89 sf, incl tax & installation)!!

http://www.lowes.com/pd_145269-972-E2100YP___?productId=50188925&pl=1&Ntt=bruce+hardwood+flooring

http://www.homedepot.com/p/Bruce-American-Originals-Natural-Oak-5-16-in-Thick-x-2-1-4-in-Wide-x-Random-Length-Solid-Hardwood-Flooring-40-sq-ft-case-SNHD2210/204655209

Maybe your realtor didn’t show you very many resales because you told her/him that you didn’t want to do any work on it after COE or you walked out of the first few (s)he showed you due to minor flaws. The reality is that you could buy a lite “cosmetic fixer” with zero MR and HOA dues and situated closer to the beach than RR and just move room to room every month or two spending +/- $400 month on it until it was exactly the way you wanted it. When you were done remodeling, your payments would end.

Here are some current listings which fit your criteria and aren’t hanging directly over one of the busiest thoroughfares in North County (like the RR SFR listing was that I posted yesterday):

Short sale in La Costa area – east end of the Lagoon:

http://www.realtor.com/realestateandhomes-detail/1742-Catalpa-Rd_Carlsbad_CA_92011_M17634-79201

~2 miles east of I-5:

http://www.realtor.com/realestateandhomes-detail/2724-Waterbury-Way_Carlsbad_CA_92010_M26948-02397

~3.5 miles east of I-5:

http://www.realtor.com/realestateandhomes-detail/2957-Avenida-Valera_Carlsbad_CA_92009_M23563-04470

~4 miles east of I-5:

http://www.realtor.com/realestateandhomes-detail/2711-El-Rastro-Ln_Carlsbad_CA_92009_M21755-90542

~4.5 miles east of I-5:

http://www.realtor.com/realestateandhomes-detail/2653-Vancouver-St_Carlsbad_CA_92010_M16824-63042

~5 miles east of I-5:

http://www.realtor.com/realestateandhomes-detail/7505-Solano-St_Carlsbad_CA_92009_M29735-03009

~3 miles east of I-5:

http://www.realtor.com/realestateandhomes-detail/6423-La-Paloma-St_Carlsbad_CA_92009_M21997-87511

short sale <1 mile east of I-5:

http://www.realtor.com/realestateandhomes-detail/2031-Lee-Ct_Carlsbad_CA_92008_M18248-17597

I feel that the last link on Lee Ct would be a good buy if obtained at or near it's asking price. Nearly ALL of the above listings have ample lots (30-50% larger than the std size lot in SD County). What are the lot sizes in the subdivision you are considering in RR, bushman? Do the homes even have backyards, or just a “breezeway” hanging out over El Camino Real? If you can go up to ~$800K, I saw 2-3 more resale listings up there which I would consider to be “turnkey” or nearly so.

bushman, have you viewed any of the above listings? If so, did you make any offers? If not, why not?

Perhaps Pigg CA renter can chime in here with good input on the above listings (quality of build/local micro-area, etc). IIRC, she purchased a one-story home (w/no MR/HOA dues) in Carlsbad just a few years back (after being a longtime renter there) and completely gutted/remodeled it before moving in. She knows the area well.

[bearishgurl]

paramount, there are a lot of (mostly private) colleges and universities out there which don’t mind accepting undeclared applicants with the goal of counseling them heavily to decide on a major ASAP but before sophomore year ends, at the latest.

Most of them are “liberal arts” colleges. That’s not such a bad thing … if money isn’t a problem or the kid has a scholarship. Not every kid knows what they want to do with their life at 18. Sometimes it is better for them to be away from home to figure it all out.

A couple of (OOS) schools I checked into for my youngest (when they were a jr/sr in HS) assigned academic advisors one on one to freshmen. These counselors would remember their names, walk with them on campus between classes and try to lunch with each one on their list and also bring them into their offices for “career aptitude tests.” They would also remain chained to their “charge’s” ankles during their college “career” to remind them of deadlines and keep abreast of their grades and progress they are making towards their chosen major.

My kid wasn’t interested in attending college OOS but I don’t see anything wrong with this if the money to attend isn’t a problem. In a small college (of less than 5K students), this is very doable and freshman often receive all these services, beginning upon their arrival to campus.

Rushing for selection into a Greek organization is also important for a freshman in the first month of college, IMO. Upon selection and indoctrination, the new frat/sorority member is automatically bestowed with tons of “support” from upperclassmen (or women, as the case may be) and they are immediately assigned an older “sister” or “brother” who will likely be “shadowing” them for awhile to the point of annoyance (to make sure the new member learns the “lay of the land” quickly and assimilates into their classes). Every member is required to show up at weekly meetings in business attire (WITH a blazer), NOT tight shirts/tops and skinny jeans with holes in them or gangsta clothing. It’s part of the whole experience of becoming an adult and getting out of the crass, public HS homie mindset.

I think a lot of kids are still trying to figure out who they are and what they want even at 18-20 years old. Again, if money isn’t a problem and/or the kid has a scholarship, what’s the harm? I’ll repeat here that its better than sitting in mom and/or dad’s back bedroom after HS playing video games and working at Starbucks while “pretending” to take 1-2 classes at a time at CC while constantly texting to meet up with your homies that you’ve known since K.

It’s the same concept as putting your kid in preschool and/or pre-K to learn rudimentary academics, social skills and how to be a friend and good student in elem school. I think most parents would agree that sending their kid(s) to preschool and/or pre-K was a good investment.

[bearishgurl]

Maybe a lot of their students on sports scholarships can’t afford college unless they accept whatever scholarship(s) are on offer to them. It’s better for the “poor, rural kid” to go to university than to stay in his/her home turf after HS, mingle with their old homies and become accidental early parents, or worse, drug addicts. There isn’t much opportunity for young people in a lot of these states.

Maybe the kids on athletic scholarships might actually learn something while at university and decide what to do with their lives.

[bearishgurl]

[quote=paramount][quote=The-Shoveler]I am not saying you’er wrong I am just trying to figure out what the trigger would be (for next recession).

Low Oil prices? (I think this is more just the Saudis dumping oil than anything else).

Consumers? (I was out shopping yesterday and the carts were five deep at all the check-out stands and all the stands were open) (out to eat same thing, standing room only).

I am just not seeing the trigger this time.[/quote]

I see the same things, and to be honest I’m not sure. I do see that GDP dropped each quarter in 2015 until we saw 0.6% Q4.

I suspect credit is keeping things going for consumers. I went to Buca di Beppo last night and it was packed.

The auto industry boomed last year IMO because of very easy credit.[/quote]

Aren’t you guys both in TV? IMO, TV is a zoo. I believe there is a HUGE “captive audience” of “voracious consumers” there and I can well imagine that it must be hard to find a parking space anywhere.

Low gas prices are certainly helping the TV group consume more as they likely have some of the highest gas expense in CA due to their commutes.

btw, Buca di Beppo provides generous coupons to its e-mail fan base.

I think the auto industry did well in 2015 because leases ruled the day. Almost every ad or promotion I saw online (didn’t matter the make or model) was a lease offer.

[bearishgurl]

Are you thinking of trying to convince your kid(s) to apply for admission to “party schools,” paramount?

[bearishgurl]

Since the OP stated he/she was looking at ~$600K homes last spring and determined that they needed too much work to place an offer on, I decided to look around at current existing one-story SFR inventory in C-bad and came across this flipper ~six blocks from the beach:

http://www.sdlookup.com/MLS-160000368-3950_Hibiscus_Carlsbad_CA_92008

Purchased on 8/31/15 for $641K, it has the exact same floating floor, even down to its color (called “wood tile” in the listing) in the main living areas that I saw at Lowes at closing last night for 99 cents per sf! They had 36 boxes left … enough to do a much bigger house than this. The bdrms in this listing either still have the old carpet (cleaned) in them or the flippers “sprung” for new carpet (cheap, of course). They apparently put a roof on, sod in the front yard and possibly resealed the pool. They replaced the appls and possibly the A/C (or just had it repaired) and installed bullet lighting (currently on clearance at HD – endcap at the center of the electrical aisles). They also possibly repaired/replaced the pool pump and/or filter. The glass tile they used in the kitchen and glass mosaic tile they used in the bathroom is ALSO on clearance at Lowes (12×24′ sheets in boxes) piled in pallets in the middle of the store 8′ high! They didn’t even put 67-cent covers (I just bought some last night, lol) on the outlets in the kitchen before taking the listing photos. They just left the wires hanging!

I’m putting this “plain jane,” lipstick-on-a-pig beach listing out there just to illustrate that there IS money to be made by buying the “ugly” fixer which this OP may have very well “passed up” back in Spring 2015 due to the amount of work it needed. Even if the “profit” is only a paper gain (due to lifetime residency after rehab) a buyer in this OP’s demographic would be better off buying a fixer, imho. These flippers only “worked” rehabbing this listing for four months (Sept, Oct, Nov and Dec) and may have even finished before the holidays. It was listed approx 1/3/16.

OP, you can’t do this by buying new construction. All you will do (at your age) is sign yourself up to a lifetime (however long that may turn out to be) of indentured servitude if you buy into the vast majority of new construction subdivisions in CA.

These flippers are asking $914,900 and its been on the market for 2 weeks. Not sure they’ll get that, due to it being slightly more than spitting distance from the train tracks, but they may very well get into the high 800’s. I predict these flippers will recover between $210K and $260K in profit after costs of improvement and costs of sale are factored in!

[bearishgurl]

[quote=Hobie]I remember that plot when it was a commercial palm grower or was it tomatoes. Excellant location. Just far enough inland past the coastal fog. $700k appears the low end of the development. Good as the higher $ properties will keep values up. Hoa will probably be high however. But, 700 for new in cbad is good.

Not sure why you care about stock price unless you are thinking of solvency of the builder.

El Camino Real is a busy road. Not sure if that will be a noise problem. Lot’s of shopping nearby.

Watch paying for the view as there is that proposed 85/15 ( Nordstrom mall )project next to the Hwy 5. Power plant was supposed to demolish the smokestack at some point but I don’t know any more details.

Interesting the state allows new developments that require water when the rest of us have to cut back to give them the supply. Grr. ( personal bias not limited to this project 😉 )[/quote]

Hobie, after I posted, I looked around on realtor.com and only found one *new* listing in RR that meets the OP’s criteria:

http://www.realtor.com/realestateandhomes-detail/Canelli_Toll-Brothers-at-Robertson-Ranch-The-Vistas_2483-Wellspring-St_Carlsbad_CA_92010_P414010707622

The asking price is $809,995 and no lot size is provided in the listing.

Of course, there may be one-story homes in other subdivisions/phases which are not listed on the MLS. I haven’t checked but maybe the amount of monthly MR is listed in the same listing in the sdlookup aggregator. I don’t know if the MR in this/these CFD(s) will be for 30 years or 40 years but that is a l-o-o-o-ong time for someone over 55 to commit to.

It wasn’t the state which allowed this/these CFD’s to be formed, Hobie. It was the City of Carlsbad who likely annexed this land to itself at some point (from the county) and approved the CFD formation and subsequent subdivisions.

The OP seems to have an aversion to doing any rehab or repair work upon COE but at the price he/she would be paying for HOA/MR in an area such as RR, he could hire a general contractor to totally remodel an older home before move in much cheaper and be done with it! (At least if he/she plans on living beyond the age of 70 or so, lol.) The market will take care of the rest with a better-located home than those in RR.

btw, Toll Bros is claiming that RR is only 3 miles from the ocean. Ha ha! I haven’t mapped it on mapquest but it looks like 5.5 to 7 miles away to me. I was originally looking at all the comm’l sprawl to the SE of RR (7-12 miles away from the beach?) and not the star on the map when I originally posted that it was 7 miles away.

[bearishgurl]

As a homeowner in the 55-64 yo bracket who is considering selling or renting out my residence and relocating to another CA County, I wouldn’t sign up for HOA dues or MR anywhere. Of course, some of the counties I am considering don’t have any MR because they (wisely) issued moratoriums on subdivision permits decades ago.

IMHO, a buyer in yours (and my) age bracket has absolutely no need to pay a $100K to $300K “premium” for new or newer construction in areas where you will be competing (as a buyer) with prospective buyers with school-age children. In SD County, that appears to be what the “premium” is to buy into a “perceived” good school attendance area.

1/12 your MR plus HOA dues can EASILY add up to more than the the monthly “ad valoream” portion of your property tax and will prove to be a “life sentence” for you … even in the absence of a mortgage. These hundreds of dollars per month (even $1000+) would be far better spent on travel (if you do so) or even rehabbing a smallish older home in a far more valuable area much closer to the beach, IMO.

“Robertson Ranch” appears to be about seven miles from the beach. You must know that it isn’t anywhere near the beach:

https://search.yahoo.com/yhs/search;_ylt=AwrTcddA45tWCv4AWQknnIlQ;_ylc=X1MDMTM1MTE5NTY4NwRfcgMyBGZyA3locy1tb3ppbGxhLTAwMgRncHJpZAMuS2RLQ0FYdlFsMjlZUzFLZFNILmdBBG5fcnNsdAMwBG5fc3VnZwM0BG9yaWdpbgNzZWFyY2gueWFob28uY29tBHBvcwMwBHBxc3RyAwRwcXN0cmwDBHFzdHJsAzI4BHF1ZXJ5A1JvYmVydHNvbiBSYW5jaCBDYXJsc2JhZCBtYXAEdF9zdG1wAzE0NTMwNTY4ODY-?p=Robertson+Ranch+Carlsbad+map&fr2=sb-top-search&hspart=mozilla&hsimp=yhs-002

Have you inquired as to how much a fire (homeowner’s) policy will cost annually in the vicinity of Robertson Ranch? It appears to be sandwiched amongst at least two notorious repeat high-fire-danger areas. And where do you currently reside, bushman? This info will help the Piggs help you.

[Author]

Posts