Legal Question in Real Estate Law in California

Re: land-locked right of way

It is indeed possible for a California parcel to be landlocked. Nevertheless, public policy favors making all parcels economically useful (i.e., likely to produce property taxes), and courts will favor legal interpretations and theories that create access rights, whenever possible.

In this regard, there is a theory called "easement by necessity," a name that doesn't very accurately describe such easements.

An easement by necessity doesn't arise because the owner of an otherwise-landlocked parcel "needs" it in order to access his parcel. Instead, it arises because, at some time in the past, a subdivision created a landlocked parcel and the one-time owner and subdivider must, by necessary implication, have intended to create or reserve an easement for the benefit of the otherwise-landlocked parcel.

The first step I would take is to locate someone who can sit down at the recorder's office in Chico and go over the history of the parcel in question. The researcher should first verify that the parcel is indeed landlocked. It is always possible that you are misinformed about the lack of current access "of record."

The second step also relates to the parcel's history, and that is to determine whether the factors are present to go to court to quiet title in an easement by necessity, or perhaps some other kind of easement can be claimed.

The researcher should also determine who the surrounding owners are, and perhaps make local inquiry as to whether any of them would negotiate the creation of an access easement. The size and value of the various properties will have some bearing on this appraoch, as would any past history of trying to deal with the neighbors.

Finally, depending upon the findings of the above steps, you can pursue one or more of the following:

(1) File one or more quiet-title actions against one of more neightbors to quiet title in an easement. The neighbors may default, negotiate or resist, and the resistance may be weak or vigorous. The chances are, a default or out-of-court settlement will be reached short of trial.

(2) Negotiate to purchase an easement;

(3) Negotiate to purchase an intervening parcel that does have access to an easement or to a public road;

(4) Attempt to sell your parcel to one of the neighbors; or

(5) Abandon the parcel. Before doing this, I would inquire with Butte County as to whether it would consider using its eminent domain powers to condemn a public right of way (road) to your site. Probably not, but worth an inquiry.