Same Parking Space Deed to 2 Different Units?

[TomFord]

What is the name of your state (only U.S. law)? CA (San Diego county)

I've been living here for 3 years and the HOA has always (mistakenly) told me that my parking spaces were 228 and 332. Space 332 is located in the complex adjacent to mine, which didn't make sense, but only recently did I check my deed, and ask the tenants using parking space 222 to check theirs as well.

-I live in Unit A, which has parking spaces CP-222 and PS-228 deeded to it
-John lives in Unit B, which has parking space PS-222 deeded to it
-I also asked the people using space 332 to check their deed and it does in fact belong to their unit

I've gone to the county clerks office to look at the deeds and the Certificate of Consent. The deeds of previous owners of the units are consistent with our current ones, parceling the parking spaces as I listed above.

There is also a distinction between Carport (CP) and Parking Space (PS), as well as a map detailing the numbers of each unit and parking spaces (along with CP or PS).

I am having a dispute with John over who space 222 belongs to, which is indeed a Carport slot. Both our deeds say 222, however I believe it is mine because of the Carport distinction. There is no PS-22 2 that exists in the lot.

How would I go about resolving this issue? The HOA has been useless - what title company or lawyer group do you recommend that I contact? It also seems apparent that John has been paying taxes on a slot that doesn't exist - what are the remedies to this situation?

Thanks in advance!

 

[justalayman]

I am having a dispute with John over who space 222 belongs to,

would that be PS-222 or CP-222? A statement like that is akin to saying you took the 4 door car when there was a Chevy and a Ford 4 door car parked next to each other. The are both 4 door cars but obviously not the same 4 door car.


and if your deed says you own CP-222, then you own CP-222.

I am having a dispute with John over who space 222 belongs to,

based on your statements, there is no space 222, period. There is either a CP-222 or PS-222 and whoever's deed says they own one or the other owns that space.

There also doesn't appear to be a PS-222 either so I guess it is John that has the problem since you clearly own CP-222 and if that is how the space John has been using is registered in the official state records, then John needs to figure out where PS-222 is and park his car there instead of your CP-222.

How long has John been using the parking space?

 

[TomFord]

would that be PS-222 or CP-222? A statement like that is akin to saying you took the 4 door car when there was a Chevy and a Ford 4 door car parked next to each other. The are both 4 door cars but obviously not the same 4 door car.


and if your deed says you own CP-222, then you own CP-222.


based on your statements, there is no space 222, period. There is either a CP-222 or PS-222 and whoever's deed says they own one or the other owns that space.

There also doesn't appear to be a PS-222 either so I guess it is John that has the problem since you clearly own CP-222 and if that is how the space John has been using is registered in the official state records, then John needs to figure out where PS-222 is and park his car there instead of your CP-222.

How long has John been using the parking space?

My deed says CP-222. Their deed says PS-222. The only 222 spot is the CP-222. PS-222 doesn't appear to exist at all - the only thing I can think of is that the parcel entry on their deed is most likely an error. Who might have made this mistake? The developer? Title Company?

John has been parking there for 3 years. I've taken HOA's word for 3 years - I purchased a new vehicle recently so it is only now that I've gone to check my deed and find out that it is actually CP-222 that is parceled to my unit.

I've informed them that according to my deed, I have "the exclusive right to the use, possession, and occupancy of...CP-222." I've even offered them to use my PS-228 space until they figure out what the problem is. Their landlord hasn't contacted me back, so I am not sure if their tenants plan to stop using the parking spot or not.

I would like to solve this and not cause any further tension between me and my neighbors. Are there any other documents that I can look at at the county clerks office? I've already gone over the history of deeds for both our units, and the Certificate of Consent does not have any page indicating which parking spaces/car ports belong to which unit.

If we can't reach a mutual understanding in a timely manner, who do you suggest I contact? Thanks again