Legal Question in Real Estate Law in California

Eastman homes and rights

What are the property laws regarding eastman homes in California. I purchased a home consisdered an eastman home. I have neighbors in the back who seem not to respect the fact that we share a driveway. Before I take any action I would like to know what California law has has to say regarding issues pertaining to the does and dont's of owning an eastman home. According to what the realtor stated to us when we purchased the home. bothe parties are equally responsible for security, maintanence of own property, waste and parking. how can I approach through legal stand?


Asked on 5/18/01, 11:57 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Eastman homes and rights

I don't know what an Eastman home is, but from the wording of your question I think you are asking about easements. One of the ways two or more property owners can share a driveway is by easement. One owns the driveway and the other(s) use it under a kind of property right called an easement.

As a general rule, the users of an easement must maintain it in proportion to the use made of it, unless they have agreed otherwise.

It is also possible that your housing area is a condominium, co-operative or some other kind of common-interest development. If so, the situation you are referring to may be covered by the Civil Code, sections 1351-1376, with particular reference to section 1361 covering rights and easements of ingress and egress. It say basicially that you have the right to come in and out through the common areas.

I suggest you talk to other neighbors to see what they know, or is there a manager? How about the real-estate company that sold it? They might be able to clarify your rights.

If the problem won't go away, have an initial free consultation with a real estate lawyer in the county where the home is located to see if he/she thinks you need legal assistance.

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Answered on 6/25/01, 8:55 pm


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