Who Owns Bowen Ranch House?

In response to the charge that ownership of the Bowen ranch house by DCHS, Inc. was not recorded, Gail responded, "Document #2000-104215 recorded March 28, 2000, Quitclaim Deed from Hoffman, Bekermus and Kapelusz to DCHS, Inc."

Of course Gail's document is recorded. That is the function of the Recorder's Office. However, the charge was that her purported ownership is not recorded. That can easily be verified by reviewing the property record.

Parcel number 433-101-03-Z001 is the Bowen ranch house and does not list either Gail or DCHS, Inc. as the property owner.

She also states that the " Bowen Ranch house and 40 acre easement were assigned a separate parcel number independent of the Bowen Ranch lands."

433-101-03-Z001 contains no wording regarding an easement. Perhaps Gail should re-read the description:

Parcel 433-101-03-Z001 is described in County Records as BLDGS ON LEASED LAND PARCEL 43310103 LOCATED IN SEC 11 TP 3N R 3W.

Real estate law is very clear that a permanent structure becomes part of the property it sits on. If your neighbor builds a fence on your property, it becomes your fence. There is no exception of a house or any part of a house being on someone else's property. If you are unfortunate enough to have your house on someone else's property, you might try to negotiate a lease with the property owner.

For example, if DCHS, Inc. wants to have occupancy of the Bowen ranch house, they could negotiate a lease with the owner of parcel 43310103. That was the previous solution. The present owner of parcel 43310103 is Mike Castro. The alternative would be to assume and present to Mr. Castro a copy of a vaiid existing lease.

Gail states that Chicago Title failed to conduct sufficient research into the chain of title and were defrauded into issuing title insurance and that the actions of Fred Moss and the purchasers are a violation of Penal code Sections 549 and 550(b)(3), felonies.

This statement should be given full consideration and careful thought as it clearly indicates the mindset of the person who wrote it.