Legal Question in Real Estate Law in California
I own land in San Diego CA and a fast food business had leased it as an easment to get from the main street to their business for 25 years. They stopped paying a year ago and recently a termination/demand letter along with a pay or quit was sent. We were suppose to hear today, we didn't.
Now my lawyer said if I do something to use the land, like sit and bask in the sun while parking to block patrons from driving in I could be arrested. I thought of getting 2 big uhaul trucks or something. I still had to pay taxes and now insurance and they continue using it although they say they aren't. (I counted 230 cars in a 4 hour period and I have pictures of each/date/time) They are big business men in San Diego, owning many businesses and gave me the ultimateum to sell to them for 100,000 cash quick something?. We make 42,000 in rent a year. (after 25 years).
Do you think we would get arrested for using our own land? We have the taxes and proof they stopped paying and all the proof. I don't have anymore money for the lawyers and I owe them now. Their is a clause in the lease that says they pay if lawyers are needed to make them pay but that's if it goes to court. The lawyer told me that would cost 100,000 to go to court against them. They say (the business) bring it on, they keep lawyers on retainer all the time and it makes no difference to them.
Thank you,
Maureen
4 Answers from Attorneys
You could probably sue them and get an injunction for less, and get damages for the trespass. They will buy you out of that is their best legal decision.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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If they have been paying for 25 years, that's a pretty good indication, almost an admission, that they had no right to access their fast-food establishment over your land without some kind of permission. Nothing seems to have changed that would suddenly give these "big businessmen" rights they didn't have during those 25 years, and I thing you are being bullied.
Your "lease of an easement" is probably correctly classified as a "license," but reading it would be necessary to be completely sure these turkeys are not at least partly right in challenging you after all these years. In any case, I think you are on firm ground and I wonder why your present law firm is backing away from taking your side, especially if there is an attorney-fee clause in the old agreement (of course, if the old agreement is expired and didn't self-renew, the attorney-fee clause may have expired with the "lease."
I take it paying attorneys to defend your rights is goild to be a problem. If you want, I'd be willing to review your "easement lease" and other facts and give you a free full evaluation and, if the full facts show your case is as strong as the abbreviated LawGuru version, maybe we can work out a partial contingency deal.
I agree with Mr. Whipple in all respects. Unlike Mr. Whipple, I also maintain facilities in Carlsbad to handle southern California cases. I would be happy to review the relevant documents at no charge, and then discuss taking the case on a contingent fee basis. I have over twenty years of real estate litigation experience, including trying cases involving easements and ground lease disputes.
An easement is an incorporeal hereditament. You don't lease an easement. They either have an easement, in which case they do not have to pay, or they have a license.
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