Legal Question in Real Estate Law in California

Easements

What remedy if I grant an easement over my driveway to a hotel for them to build a parking lot, in exchange for them allowing my patrons (I'm a business next door to the hotel) to park in the hotel's new parking lot at a discount, and then they refuse to allow my patrons the discount rate?

Thank you in advance for any suggestions, you are obviously very busy.


Asked on 9/08/08, 3:28 pm

3 Answers from Attorneys

Anna Niemann Pro-Active Mediation

Re: Easements

Your protection is in the terms of the contract granting the easement. You'll want a lawyer to prepare the document assuring clarity of the terms and provisions for failure to comply.

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Answered on 9/08/08, 3:57 pm
Bryan C. Becker Your Lawyer for Life.

Re: Easements

The terms of the grant of easement, i.e., the consideration given for the easement - should provide for the remedy should the hotel breach the agreement. Please note that if the only consideration you will receive is a "discount" the discount should take into account inflation, change in ownership, etc. There are many different variables to consider when drafting the agreement, I would suggest you have an attorney do so. Please feel free to contact me if you would like speak further about this.

Warmly,

Bryan

619.400.4929

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Answered on 9/08/08, 5:02 pm
James Obecian law office san diego

Re: Easements

Sue them for breach of contract. Contact me directly.

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Answered on 9/10/08, 6:20 pm


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