Legal Question in Real Estate Law in California

We have just purchased a piece of property in a subdivision. The previous owners owned 2 adjacent lots. The house was built on one lot but the driveway crosses over onto the other lot. There is no other access to a public road except by this driveway. The lot with the house on it was foreclosed by the lender. The people who were foreclosed on still own the lot with the upper part of the driveway. Would this qualify for an easement by necessity? There is also a deeded easement on the property, but it is from and to the same people who were foreclosed on.


Asked on 10/27/16, 1:14 am

1 Answer from Attorneys

Easement issues are entirely driven by the exact facts and details of the situation, and just to make things more complicated, legal access and physical access are not the same, nor are legal necessity and practical necessity. For example, if your property line directly abuts a public road, but the road was built by cutting through a hillside, so the property line between your property and the road is a cliff, tough luck. You have legal access. In a case I had my client had a CalTrans right of way between his property line and the actual road. CalTrans wouldn't let him build a driveway connection to the road over the right of way. No necessity to cross the adjoining property to connect to the nearest street. We had to buy an easement. In your case the easement may or may not have been affected by the foreclosure. It sounds like it may still be valid. You may or may not have legal access or necessity. The only way to tell is for a lawyer to review the subdivision map and the related title documents.

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Answered on 10/27/16, 8:40 am


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