Legal Question in Real Estate Law in California

You need to retain a lawyer as soon as possible. From what you say, we must assume that the reciprocal "easements" do not appear on your title report. So, it appears that you are going to have to prove the neighbor granted in writing an easement to your seller. But, it was never recorded. Or you are going to have to prove some material misrepresentation by your seller and/or the real estate agent. Either of these are going to be difficult and expensive.

You may or may not have rights in the previous easement. Normally easements are recorded in the chain of title of both properties. They are not automatically invalid if they are not recorded, but it is highly irregular for them not to be. Often unrecorded rights to use other properties are in the form of a license, not an easement. One of the key differences is easements run with the land whereas licenses are personal, and therefore expire when the person given the license sells the land. I would have to investigate the exact details of the grant between the prior owner of your property and the neighbor before I could tell you what I think your rights are to access the road. I'm also not sure what rights you might have against the seller. That would depend on what representations he made. If he falsely represented that there was an easement when it was a license, you may have a cause of action against him. There are other possible theories as well, but they would be speculation based on the limited information you are able to give in this forum. As for your agent, if you do not have a recorded easment then I have no trouble saying your agent has significant liability exposure. Whatever your legal rights and theories against whom, however, Mr. Arnold's answer is absolutely right about needing to retain a lawyer as soon as possible. This kind of thing can take time to sort out, even if the courts are willing to grant interim relief. It would not be much of a victory to win the easement case after your grove is dead. I am based in Northern California, but maintain conference and office facilities in Carlsbad to serve my Southern California clients, and I have a number of cases pending in Orange County at this time. If you would be interested in considering retaining me to represent you, I would be happy to consult with you by phone for a half-hour or so at no charge. I could gather more information, give you a better evaluation of your case, and fill you in on my background, which includes a number of years litigating easements and other title issues for Fidelity National Title and Chicago Title. Please feel free to give me a call or send an email if you would like to arrange for a telephone conference.

A suit to quiet title in an easement would be tried before a judge, without jury. Your burden of proof would be to show that it was indeed an easement, and not merely a license. If neither party can produce the writing, the judge would look to other evidence - testimony of third parties such as the previous owner, the contractor that planted and maintained the grove, any lender that financed it, etc. for guidance as to the parties' intent at the time. In addition, the judge would apply common sense -- would anyone make an investment of this kind on the strength of a mere license, revocable at whim? Or, a quiet title suit could allege, as an alternate theory, that an easement arose under some principle other than written agreement. For example, the facts could show that you have an easement by prescription; an easement by estoppel; or an equitable easement on a "balancing of hardships" basis.

Finally, sometimes just showing that you are willing to go to court to establish or preserve a right will cause your potential opponent to change her or his position and become reasonable.

Please take action and assert your rights in this matter. I would also argue an easement of necessity and attempt to establish a new easement. Contact me directly.