Legal Question in Real Estate Law in California

easement

I purchased a house in CA in 1991. There is a paved private road easement that shows on the County survey maps as ending at my house, servicing the lower portion of my property. I was told by the sellers that I had access to the road- in fact they moved out using this private road. My tract is an association with CC&Rs. The CC&Rs state changes must be agreed upon by 55% of the affected owners. In 1986 the owners at that time executed and recorded a quit claim deed releasing their interest in the easement to the neighbor adjacent to us. No one else in the tract signed this. The quit claim did not show up on my title insurance policy and I had no knowledge of this until the current owner fenced off the easement road. I am now landlocked for the lower half of my property, I have necessary foundation repairs to make which I can't do as I can't bring in rock and concrete to shore up the eroding hills etc. Help!


Asked on 7/04/01, 2:07 pm

1 Answer from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: easement

Have you talked to the other party about this? Make a claim against your title insurance. If this quit claim was recorded they should have picked it up. Whether easements are covered under the CC&Rs is in them. I doubt that easements are in the CC&Rs. Your seller should have disclosed this to you as well as the broker. If you can't work it out informally with the other party then you are looking at a long and expensive court battle.

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Answered on 7/05/01, 12:04 pm


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