Legal Question in Real Estate Law in California
Easement
A condominium complex located behind our office parking lot has an easement to drive thru our parking lot to exit their property. Access to the comndominium complex is via a one-way driveway from a city street, the only way out is thru our parking lot. The condominium owner/tenants forbid our employees from using their driveway as a walkway to the street... doesn't an easement work both ways? Thank you
2 Answers from Attorneys
Re: Easement
Not necessarily. Generally, you must look to the express terms of the easement agreement. I presume that there is a recorded easement agreement which governs the "SCOPE" of the easement and its use. That is the first place to look.
If there is no agreement, then use of the easement will be per statute or common law, depending upon the type of easement at issue. The facts as you have laid them out do not make it clear what type of easement is at issue.
The law of real property, its use, and litigation concerning same, is extremely complex, and you should consult an attorney experienced in this area if you need to ascertain what rights, if any, you have concerning this issue. We routinely litigate issues concerning land use, and if/when you are ready to proceed, please feel free to call or email.
Re: Easement
I would go further, and say the answer isn't "not necessarily" -- it is no. Easements simply aren't reciprocal.
Setting up the situation you're hoping exists would require a second easement, this one in favor of the office parcel and burdening the condominium parcel.
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