Legal Question in Real Estate Law in California

Re: Easements, CC&R's

There are a lot of issues to analyze before anyone can answer this question. First, how do you own a portion of a shopping center - was it subdivided as a condominium or into individual lots or do you own the property jointly with Smart and Final? If the property is subdivided (condo or individual lots), were any easements retained for the benefit of your property for access? Do those easements, assuming they exist, prohibit Smart & Final from taking the proposed action? Do the easements, assuming they exist, define your rights and/or obligations - including the obligation to contribute? When the local jurisdiction approved construction and/or subdivision of the project, did they place conditions on the use of either property to ensure adequate parking? Unfortunately, as you can see, this forum is not the place to provide an answer to the question you posed - you will have to provide a lot more information and documentation before anyone can give you an opinion as to what your rights and obligations are. I'd be happy to help you if you would like to call our office and schedule an appointment.

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Re: Easements, CC&R's

Typically, the City would require adequate parking for a shopping center. Depriving you of parking may be an interference with your business that is legally actionable. Your question is very murky as to how you own a portion of the shopping center. To be able to provide you with legal counsel, an attorney needs to review documents relating to your ownership as well as any agreements, if any, that you have with Smart & Final. You need to have legal counsel with experience with real property law review this situation for you.