Legal Question in Real Estate Law in California

Easement Issue

we are in escrow on a home, a neighbor had an easement which was owned by the water district/ city, quitclaimed to them a few weeks ago. How does this affect us? Do we have anything to worry about?


Asked on 10/16/07, 1:35 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Easement Issue

It depends upon what the easement's purposes or permitted uses are. In this case, it is most likely an easement for water pipes, water and sewer, or possibly a general utility easement.

If so, possible problems are (a) you can't build on top of it; and (b) the neighbor, or the utility, probably has a right to come in and make repairs or even to install new facilities. Thus, there could be some digging, etc. activity.

On the other hand, utility easements of this kind are very common, and most homeowners rarely or never experience any problem.

Due to the recency of the quitclaim, it would be prudent of you to make inquiry into the reasons for it. You might ask both the neighbor and the utility. Also, ask your real estate agent and the firm that has provided you with a preliminary title report or from which you will be buying title insurance. Possibly your lender can give you some assistance.

If you learn anything disquieting, see a local real estate lawyer.

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Answered on 10/16/07, 12:32 pm


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