An Express Article from the California Land Title Association
Bulletin 13/14-49 - December 2, 2013
After being contacted by CLTA and its members in a grass roots outreach, the Mendocino County Board of Supervisors decided not to pursue disclosures of industrial zones by potentially recording notices. The proposal was before the Mendocino County Board of Supervisors at its November 5th meeting.
The proposed disclosure stated, in part, that Mendocino County established zoning for industrial land and that residents of such property, or within 300-feet of the border of zoned areas, should be prepared to accept such inconvenience or discomfort as normal and necessary to industrial operation.
The CLTA pointed out that, to the extent that the proposed ordinance affects the title and escrow process in California, it is preempted by state law that provides that the title insurance law constitutes the exclusive regulation of the conduct of escrow and title transactions by title entities. Additionally, the CLTA noted that just because a document may be recorded does not mean that it imparts constructive notices or is covered by title insurance. Furthermore, an Attorney General opinion indicated that notices of violations of certain local laws do not operate to encumber title to or the right to possession of property.
As an alternative, the CLTA suggested that the statutory form of disclosure for transfer of one-to-four family residences, which provides for local option disclosures, would be more appropriate.