Legal Question in Real Estate Law in California

Re: Landlocked

Courts frown on situations that result in landlocked parcels and judges try to apply theories that will justify finding an "easement by necessity," although there is no absolute right to access to your parcel, and if the facts don't support finding an easement, the court cannot fabricate one for you.

One doesn't get an easement by necessity siply because he needs it - in that respect, the name is misleading. An easement by necessity results from implication, and should probably be called an implied easement. They arise when an owner subdivides a parcel that previously had road access, but omits a provision for access to the newly-created parcels. Courts have held that in some cases at least that permission to use an existing driveway or private road was an implied term of the sale of the otherwise-landlocked parcel, Prior common ownership is a hallmark of implied easements or easements by necessity, as is the requirement that the implied easement is across lands of the owner doing the subdividing.

An analysis of whether a property owner can claim easement access by one theory or another requires careful review of all the facts, most importantly the deed and other records of the parcels involved. If access across numerous parcels is necessary to get to a public road, the research (and litigation) can be expensive.

Re: Landlocked

There are probably easements already in existance, if not you can show necessity. Call me dircctly at 16192223504.