Legal Question in Real Estate Law in California

Difficulty.....do I have an easement?

There is an alley, which is privately owned, where I have access to the back of my property where I park vehicles/RV's. I cannot drive to this part of the property from the front since there is only walking room on either side of my house.

I have owned this property for 5 years. The previous owner lived there for 3 years and also accessed the rear of the property through this alley, even putting a new fence along the alley with a gate from the alley to my property. For many years the alley was leased to the city for garbage pickup, but the lease was not renewed back in the 70's. I believe that the utility has a recorded easement for the alley to service the power poles, I do not.

The property including the alley was sold a few years ago. The new owners asked me to let them know when I needed access, but I have not, using it regulary while the new owner isn't there, since they like to use the alley to park their car. The previous owner didn't park in the alley. Recently, they have begun to leave a car parked in the alley while they are gone, which blocks my access. They would like me to contact them to make arrangements whenever I need to use the alley.

What are my rights, and what should I do?


Asked on 6/15/07, 4:52 am

1 Answer from Attorneys

Johm Smith tom's

Re: Difficulty.....do I have an easement?

You need to litigate this, after everyone's rights have been determined. Our CA member is very experienced in real estate law. Feel free to contact him. NanceGroup.com

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Answered on 6/15/07, 12:06 pm


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