Legal Question in Real Estate Law in California

Re: easements

This is one of those questions which does not lend itself to an easy answer over a website, as you really need an attorney to look at your title documents, and you also need to have a survey. Based on your facts, it is impossible to determine if you own the land, and your land is subject to an easement in favor of the land behind you, or if the land is part of the parcel behind you and your land has an easement over it. Also, what kind of easement is it? Ingress and egress? There are too many factors that need to be considered before an assessment of your rights can be made.

Re: easements

As the previous answers have suggested, you don't know all the facts with certainty, but you have given us some opinions and possibilities to work with.

Assuming the fence is on the easement, the easement and fence are on your property, the owners of the two undeveloped lots are the beneficiaries of the easement, and the easement is for purposes that are incompatible with the fence (such as access), then you must move (or remove) the fence to allow the intended use of the easement.

The owner of the burdened estate cannot interfere with reasonable use of the easement by the owner of the benefitted estate, to give the technical rule.

Obviously, you should confirm the correctness of all of the assumed facts, and that may require a survey and/or review of your title to your property (the easement should be noted on your title report as an exception to the title insurance).

Maybe the developers of the lots have made a survey; if you ask for a copy and trust its accuracy, maybe you won't have to incur the cost of having your own, essentially duplicate, survey performed.

Re: easements

You could hire a surveyor to determine the actual property line. Perhaps the fence was an agreed boundary line or your predecessor acquired rights by adverse possession. However, the facts you gave do not suggest this.

Re: easements

Your question did not specify for whose benefit the easement was being held. Also, you need to find out the exact boundaries of your property to see if they are within their rights to make you move your fence.

This is general information that I hope has been helpful to you. However, you should always obtain legal counsel familiar with your specific circumstances. We may be able to assist you with your legal issues. If we can assist you in the future, please contact us at www.unalaw.com and somebody will assist you as soon as possible.