Legal Question in Real Estate Law in California

Easement

How hard is it to get an easement. I am looking to purchase a property and there is no recorded easement to the property, the previous owner states he has been using a dirt road over the neighboring property to access it for 50 years. I am going to have a house built is there anyway that after I purchase the land the owner of the other parcel can stop me from using the dirt road and leave me landlocked? Also how do I get a recorded easement and how much will the attorney fees and everything cost?


Asked on 2/13/07, 10:41 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Easement

Well, the easiest way to get an easement is to ask the owner of the neighboring property to grant you an easement. Or better yet, require the seller to obtain the easement as a contion of closing escrow. A surveyor can plot the easement for you and an attorney can draft the easement agreement.

If the owner won't grant you an easement, consult a local attorney to see if you might be entitled to an eassement by prescription or an easement of necessity.

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Answered on 2/14/07, 11:40 am
Judith Deming Deming & Associates

Re: Easement

If the owner(s) of the other parcel will give you one, you need to prepare a grant of easement signed by him/her/them before a notary and record it. If he will not, then you will have to file a lawsuit to quiet title to an easement in favor of the property you own. based on a theory of easement by implication, or necessity, etc. You may want to offer the other property owner some money to purchase the easement interest, as you are going to spend considerable funds if you have to go to court.

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Answered on 2/14/07, 3:36 pm


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