Legal Question in Real Estate Law in California

Re: Discriptive & Perscriptive Easment

Easements can be a very complex issue, sometimes requiring extensive research before a determination of rights to or the existence of an easement can be determined. I cant tell from your description what your situation is. If you own property, and the power company's rights to an easement on your property are in question, there may be a way to negotiate a resolution. I have significant litigation and negotiation experience regarding easements.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Re: Discriptive & Perscriptive Easment

Easements can be a very complex issue, sometimes requiring extensive research before a determination of rights to or the existence of an easement can be determined. I cant tell from your description what your situation is. If you own property, and the power company's rights to an easement on your property are in question, there may be a way to negotiate a resolution. I have significant litigation and negotiation experience regarding easements. Feel free to contact me to discuss.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Re: Discriptive & Perscriptive Easment

Easements were probably placed on the property when it was first mapped, decades ago. That's almost always the case unless the property has been essentially undeveloped land until now. The recorder's office and title companies can show the truth. If the power company says they have an easement, make them show you their proof, they will do so. If they have none, then you could end up in legal dealings as they attempt to get easement rights through court legal action. Feel free to contact me if you end up needing legal help in this, if the case is in SoCAL. If they are seeking right of way over you, then you can negotiate a price.

Re: Discriptive & Perscriptive Easment

Utility companies have large law departments with many lawyers who are experts on easements - for obvious reasons. They know this subject backwards and forwards. My experience with utility companies is that they are usually pretty careful to have documented easements before they will construct facilities such as power lines. Occasionally -- I'd say very rarely -- they may make a mistake and build (or acquire by some other means) facilities that are not on easements. This may be due to survey error, documentation error, accidental abandonment, or other causes.

Further, easements can be created in a number of ways; the most obvious is by specific grant by deed, but they can be created by reservation, by prescription, by estoppel, by implication, by "necessity," and more.

For example, if the power lines and poles have been in place, unchallenged and without permission, for at least five years, the utility company probably has acquired a prescrptive easement for their presence, operation and maintenance, and no action can be brought to have them removed as an encroachment or trespass.

However, I think it is more likely that an actual easement was created by grant or by reservation through the act of a previous owner, maybe way back in the chain of title. As you may know, easements survive changes in ownership of the land they lie upon, and although your deed or title insurance may make no mention of this easement, the utility may have some old document or map, recorded or not, in its files.