Legal Question in Real Estate Law in California
Easement On Commercial Rental Property
My parents have owned a piece of commercial property for 21 years. They did not build the building but traded acreage for it from the builder. This builder also builds residential homes. The building was built on the property line and has fire doors that open onto the adjacent properties driveway. We have just received a letter from a company that has just purchased this property next to ours. He states that we have no easement. We did not know this. All our paper work shows that the planning dept. has OK'd everything.Is the original builder responsible since this was their mistake.Or is it a mistake. Since it has been this way for 21 years do we gain a legal right to use it. The new owners say that they may want to use the edge of the property.How do we go about finding how to settle this.
Thank You for your help
2 Answers from Attorneys
Re: Easement On Commercial Rental Property
There is a very good chance that you have an easement
by virtue of the facts that you have used the property
for so long and by virtue of the fact that you need
to use the property in order to gain access to the building.
An easement can arise by prescription where it has been
used without objection by the owner for more than
five years. An easement may arise by necessity
where use of the easement is necessary to gain
access to your property. However,these doctrines
are limited and rarely invoked, so you should consult with a local real estate attorney.
Re: Easement On Commercial Rental Property
Under California law, easements may be express, implied, by necessity and by prescription. If neither your deed nor your neighbor's contains an express grant of an easement, the uninterrupted, hostile and notorious use of the easement property for twenty-one years may establish a prescriptive easement, although the neighbors may claim that the use of the easement was by permission, and not hostile or "adverse". Whether an easement by necessity exists will be a question of fact, requiring more information than you have provided. If you would like to know more, please visit our website @ www.labusinesslawyer.com
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