Legal Question in Real Estate Law in California
easement rights
I recently purchased a home at the end of a cul-de-sac. Along with the the lot upon which my home sits, I also obtained an easement from the adjacent (and vacant) lot for ingress and egress. The easement is necessary to reach the cul-de-sac from the house. The easement was originally granted to a prior homeowner in 1971. This owner had built a carport and brick stairs which climb the hill that make up this easement at or around the time the easement was granted. Recently, the adjacent lot was sold and the buyer and his contractor knocked on my door and advised me verbally that they intended to tear down the carport and dig up the stairs so they could build a driveway (on my easement) leading to the new home they planned to build on the adjacent lot. They said they would reimburse me at cost the amount I would have to spend to create a new access to the cul-de-sac. Can they do this? What are my rights?
3 Answers from Attorneys
Re: easement rights
No, the adjacent property owner cannot do this without your permission and you would need to deed away your rights to the easement (assuming it is a validly recorded easement). Also, when that new property owner bought, he knew you had an easement and no one forced him to buy it that way; indeed, he could have approached you with his proposal before purchasing, if it was important to him. Do NOT grant away the easement if it is the only access you have to the property! If you do, you may be landlocked and in addition to preventing you lawful access to your land, your property will be severely devalued. You need to see a real estate attorney ASAP.
Re: easement rights
If I understand your facts correctly, there is a carport and some brickwork on your easement. In most cases, an easement granted for access purposes cannot be used for anything that is of such a permanent and obstructive nature. An easement is a non-exclusive right to use the land of another for limited purposes. You can't build on an access easement, but then, neither can the owner of the servient estate (the guy who owns the lot), do anything that obstructs your use for access purposes.
Re: easement rights
Your question was 'can they do this.' And the answer is of course than can. The legal issue is can you stop them, and the answer is you may try. I like Bryan's answer best. You need to check the exact terms (wording) of the recorded easement. Then check with an attorney as Judith advised you. Hopefully you'll be able to negotiate the solution to your problem, and neither party will have to expend large sums of money on attorney fees.
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