Legal Question in Real Estate Law in California
Easement
We purchased a parcel of land a year ago and were advised of an easement crossing the property.The road has been there since 1985.The realtor drove us down the road to show the lower part of the land. The easement is listed in the Title report but we just discovered that it's appurtenant to the adjacent parcel.It was not disclosed that the easement may not allow us to access this part of the land via this road. The road was blocked off in March 2002.It will block access to the majority of the parcel. What steps should we take to regain access?
4 Answers from Attorneys
Re: Easement
Action to to quiet title, possible injuction to allow access now. Possible suits against title company and seller.
JOEL SELIK
800-894-2889
www.4thelaw.com
Re: Easement
A lot depends upon the type of easement, whether it is exclusive or non-exclusive. You really need to take your purchase documents and title policy to an attorney for review. The fact that you knew about the existence of an easement (and, indeed, anyone can access a public record to ascertain the nature and type of easement) may limit some of your remedies, as you are considered to have been on constructive notice of whatever is a matter of public record. That said, if some property owner is IMPROPERLY restricting your access, there are a multitude of legal remdies you can avail yourself of, including a lawsuit for trespass, inunctive relief, etc. If you are in the Southern California area, we would be happy to meet with you for a consultation.
Re: Easement
I cannot tell for sure without getting more details, but sounds like you too have an easement or equitable servitude. If the access road has been continuously used for 5 years by the prior owner of your property, then you may have a right to use it as your own easement. If you are denied access to your own property, then you may have a right under an equitable servitude theory. But the final analysis depends upon many factors, i.e. zoning ordinances, government ownership, etc. If you would like, email me or phone me to discuss this further.
Re: Easement
Robert Mccoy gives the correct analysis. If you cannot settle the dispute with your neighbor, you will need to sue by bringing an action to quiet title.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
