Legal Question in Real Estate Law in California
access grant under tract map
neighbor claims access to avenue "a" for emergency
evauation (Avenue "a" is a private street in an association. the street abuts the neighboring property.
The original owner of the association property granted
access to Avenue "a" to the City.
Question: what right of neighboring property to
"a"?
ques: can anyone use "a" under the access granted City?
Ques: can "a" be used for fire and police to get to
neighbor?
ques: if City approves a tract map showing connection
to "a", does that give owners of property in tract
access to "a"?
1 Answer from Attorneys
Re: access grant under tract map
I can give you a partial answer. In a bona fide emergency, Mr. Neighbor as well as City fire and police vehicles, etc. will have a right to use Avenue A. So will anyone else whose life, limb or property requires his or her use of Avenue A for escape. Such users may be liable afterward for damage they caused, if any.
As to the effect of dedicating a street, I think there are further steps necessary by the City before the street can be used by the public. As to the effect of showing the street on a map, I could guess but don't know; I suggest referring both questions to the City Attorney or the public works department.
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