Legal Question in Real Estate Law in California
My landlocked parcel (A2) was created from parcel (A) in 1944. An abutting parcel (B) was under common ownership with my parcel in 2009.
Am I still entitled to an easement by necessity from parcel (A)? Were my potential necessity easement rights over parcel (A) damaged by the recent common ownership with parcel (B)?
2 Answers from Attorneys
It depends on whether or not the easement by necessity was ever perfected by obtaining a judgment. From your question I assume it was not. In that case your right to perfect an easement by necessity was extinguished by common ownership of parcel B. Upon severence of the common ownership of A2 and B, however, you probably acquired a right to claim an easement by necessity over parcel B.
I'd have to review the underlying transaction, in detail. I have numerous questions, such as why wasn't an express easement reserved in Parcel A, or even Parcel B, for that matter.
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