Opinion No. (1999)

BILL LOCKYER Attorney General ANTHONY S. Da VIGO Deputy Attorney General THE HONORABLE THOMAS F. CASEY III, COUNTY COUNSEL, COUNTY OF SAN MATEO, has requested an opinion on the following question: May a county recorder accept for recordation a document, denominated a "Notice of Disclosure," that gives notice of the proximity of an airport, power lines, and potential traffic and parking problems to specified real property? CONCLUSION A county recorder may not accept for recordation a document, denominated a "Notice of Disclosure," that gives notice of the proximity of an airport, power lines, and potential traffic and parking problems to specified real property. ANALYSIS The present inquiry concerns the authority of a county recorder to accept for recording a "Notice of Disclosure" as a separate document not part of a grant deed or other legal document. The document would give notice of the proximity of perceived negative conditions, such as an airport, power lines, and projected traffic problems or parking limitations, to specified parcels of property. The purpose would be to make known through a title report on the property the existence of the described conditions to prospective…