Legal Question in Real Estate Law in California
Fire Doors on Property Line No Recorded Easement
My family has owned a 14000sq ft. commercial building in northern California since 1979. It was traded for immediately after completion. The building was built on the property line and has 4 fire doors that open onto the next property.One door even has steps and a railing that goes to this property.The old owner( never complained) is deceased and sold the building in 2000.The new owner in 2000 checked for an easement and did not find any. We went to the planning dept in 2000 and were told that there was a stop order for these doors in 1978 but there was also a letter that is suppose to OK the doors dated a week after the stop work order. This letter is marked on the plan and is suppose to be in their file at the city.The building was sold again and the new owner wants us to board up these doors.He says his tenants are complaining that we are using these doors.Our leases state that these doors are only to be used in an emergency. We went back to the city and they have changed their story. They can not find the letter that is suppose to OK these doors. They are now telling us that the doors are illegal. These doors were always there.They say we put them in after the final inspection.Not true.Can't find title papers.Title Co. defunct
2 Answers from Attorneys
Re: Fire Doors on Property Line No Recorded Easement
i would agree with my colluge but feel you must "attack" the situation on 2 fronts. deal with the city, being grandfathered in and on a prescriptive easment point of view and a 2d front as to your neighbor using negotiation and at worst a law suit -- i have dealt with comercial property problems and easments which should have been written and recorded but were not so many different and varied alternives are available and the best wey is not always in view until you can see as an attorney the positions of the city and your adjacant land owner --- you canno do this yourself but need a real estate attorney in this situation --- if you wish to conselt with me you can cantact me at 925-945-6000
Re: Fire Doors on Property Line No Recorded Easement
You have two interrelated problems: no easement for the fire doors; and fire doors probably don't meet code either currently or at time of construction.
If the easement problem were cured, would that also eliminate the non-code problem with the doors? I can't answer that question, so I'll simply assume that having an easement would either legalize the doors or at least reduce the likelihood of an enforcement action by the city.
Under this simplifying assumption, what you need to do is come up with a theory, if possible, under which you can claim an easement. I can think of two possible theories: easement by estoppel and easement by prescription.
There is some possibility that one or the other theories could be made to work in your situation. This would require more facts, and more research than I can attempt within the scope of a LawGuru reply.
To establish an easement by either means, a single quiet-title lawsuit against the adjacent property's owner would be required. I would guess the mere filing of such a suit could bring about negotiations and an out-of-court settlement before trial.
You should find an attorney that has some experience in asserting easements on unusual theories and seek further, site-specific advice before taking any steps one way or the other.
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