Legal Question in Real Estate Law in California
Easements
If I am in escrow on a property and I was told by the owner there was an easement granted to someone owning an adjacent property but when the title company ran the preliminary report it did not appear -- then one week before closing the owner of adjacent property appears with a recorded grant deed for his property showing the easement. Is there an easement on the property we are attempting to buy?
2 Answers from Attorneys
Re: Easements
Without seeing the paperwork, I cannot give you a definite answer. Even though the owner came up with the deed showing an easement, you should be concerned that the title company did not discover the easement. I would show the deed with the easement to the title company, and ask them to confirm the easement has been recorded. Your real estate agent may also be able to guide you. If you want further help, please let me know.
Re: Easements
Perhaps. First, there may be an express easement recorded against the property you are trying to buy, even if it did not show up on the Preliminary Title Report. There may also be a prescriptive easement, that is, a non-recorded easement acquired by use over time, which is equally enforceable. It may also be that that the adjoining property's easement may be declared abandoned, under certain circumstances. If you would like to know more, please visit our website @ www.labusinesslawyer.com
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