Legal Question in Real Estate Law in California
blocked easement
Hello, I own a 40 acre parcel of land purchased in 1976. This property and all the surrounding parcels were once owned by same individual who partitioned off into numberous different parcels there is one preexisting road which runs from the county road up through different parcels mine being the last. In 1980 a man by the name of Hess purchased 160 acres which he subdivided into four different parcels this subdivison is located at the bottom of this ''common road'' which was used by adjacent parcel owners to access their individual parcels, my parcel is located at the end of this same road. There is no other access by which to use other than this common road. One of the 20 acre subdivision owners decided to erect a gate blocking our use of road with force. He has a quiet title action and seeks a permenate injunction against us. He says we have no deeded easement to cross his property? what should we do?
3 Answers from Attorneys
Re: blocked easement
Assuming you were served with a complaint for quiet title, you should cross-complain to seek an adjudication that there exists an implied easement and/or an easement should be imposed by necessity. If you have not retained counsel, find yourself a real estate attorney (not a general practitioner), ASAP.
Re: blocked easement
If you've been sued and have not yet answered, get an attorney to prepare, file and serve on your behalf both an answer and a cross-complaint to quiet title in you to an easement by necessity and by prescription. Your best bet is an easement by necessity, as the facts clearly support the same, and the fact that it isn't deeded or recorded is not a complete defense. Once suit is filed, as you no doubt know, you have to act quickly to avoid a default. In a quiet title suit, a default isn't fatal and the plaintiff must still prove his title in court, but your case will be much easier and cheaper to handle if you're timely with your answer and cross-complaint. Have them filed at the same time.
Re: blocked easement
Counter sue to quiet title to a prescriptive easement, assuming that I read your post correctly. Has he blocked the other property owners also, or only you?
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