Legal Question in Real Estate Law in California

Re: easements and liability

If there is no recorded easement, then how would a boundary survey have brought the existence of the easement to light? That doesn't make sense.

If the easement does not exist by a recorded written agreement or by a recorded grant, there may be some benefit to having it recorded; then again, there may be no benefit. It really depends upon your situation. There are not enough facts in the post to know what result is best.

As far as liability is concerned, the owner of land is always potentially at risk if injury occurs on his/her property. The owner should carry comprehensive general liability coverage for this purpose.

Land use litigation typically involves complicated issues. The owner of this lot needs to retain an attorney competent in transactional issues related to land use. If litigation becomes necessary or desired, then the owner must retain competent litigators familiar with easements and other real property interests. We are real estate litigators with experience in this area and if/when you are ready to move forward, please feel free to contact us via email or phone.