Legal Question in Real Estate Law in California

Hi!

There is an easement across our property. To the best of our knowledge, and according to our maps provided by the title company, the easements are easements en gross (utility easements) and an appurtenant easement for our neighbor. Out of curiosity, I went to the street view feature of Google Maps, and there was a view of our home from our easement, which is clearly posted as private property. I was more stunned to see that they had actually gone down the easement disregarding the signs, than I was to see that they had filmed down the private road which our easement comes off of. There is no way they could have gotten the view they did without trespassing. I have tried in the past to contact someone at both Yahoo Maps and Google Maps regarding the inaccurrate labeling on their sites of the easement that runs through our property. They have had it labeled as a road, and I have tried unsuccessfully to have them correct this error. I am wondering if you might be able to send me in the right direction to help me find out if they are allowed to keep the incorrect label on their sites, and how I can get them to remove it. They seem to have a lot of power, because they have the money to hire lawyers. We don't have the means nor the know-how as of yet.

Thanks for any help you can give me in this matter.

Sally Zepeda

760-723-3620

760-415-3312


Asked on 2/19/11, 5:31 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There is nothing necessarily inconsistent between "easement" and "road." There are miles and miles of main-line railroads, for example, built on easements. Likewise, an easement can have a road on it, and the road can be private or public. Google's description may not be the best possible, but it is at least defensible. If the called it "I-15" you might have a gripe. As for the trespass, if you did hire a lawyer, you'd probably win, and your award of damages would be at least $1, since there is harm in every trespass, but your legal fees would not be reimbursed.

Read more
Answered on 2/19/11, 6:36 pm
Anthony Roach Law Office of Anthony A. Roach

I don't even think you have a case for trespass. How do you know that photo was not from an appraisal of your property, or your neighbor's property who had the right to use the easement? How do you know the photographer was not a guest of your neighbor? What are your damages?

Read more
Answered on 2/20/11, 9:29 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California