Legal Question in Real Estate Law in California

A farmland lease was terminated on November 30, 2011 by a new owner who purchased the land in January 2011. I lease a piece of land behind that land on which sits a greenhouse. That property owner has also terminated that lease as of January 2012, and asked me to move the commercial greenhouse, which I said I can do and must do by February 15, 2012. The new owner of the first land lease is denying me access to his road after January 31, a road I need to use to get to the land behind his land where the greenhouse is to remove it. I have been accessing this road for 10 years and the greenhouse has been there for 10 years as well. Does he have to allow me use of his road to access and remove the greenhouse so I can be in compliance with that other Lessor's termination of my lease that requires the greenhouse removal? Of course, I have tried communication, but he is very adamant and won't budge. He orchestrated the neighboring landlord's greenhouse lease termination by the way because he didn't want to look at it.


Asked on 1/18/12, 12:16 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This seems like really unreasonable conduct by the new kid on the block, and something that should be resolved by negotiation. Have you tried offering a small toll or fee for each crossing of his precious land? I cannot tell you that you have a prescriptive easement, because it sounds like you had permission from the prior owner and the giving of permission negates an easement.

I don't know of any other legal tricks that are likely to work. If a negotiation fails, you'll just have to find a way to remove your property without using the new guy's road or land.

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Answered on 1/19/12, 8:52 am


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