Legal Question in Real Estate Law in California

Re: Claims of an easement through a cemetery

Easements can be created in about a dozen different ways, and they don't all leave a footprint in the public records. The adjacent owner's comments should be regarded seriously, even though on the face of it he may not really have the rights he claims.

I think it would be wise to have a real-estate attorney who practices in the county where the cemetery is located contact this person and ask the nature of the claim. Then, perhaps a court proceeding to clear any cloud on the cemetery's title could be brought.

California codes provide several processes for clearing title in different circumstances. If this is an old easement (or claim to an easement) that has not been used, perhaps the abandoned easement process of Civil Code sections 887.010 through 887.090 will apply. These provisions address old unrecorded easements.