Legal Question in Real Estate Law in California
Licensee Bound by Easement
I am a parking lot operator who is leasing the parking lot at a hotel from the hotel and running it. The hotel may be bound by an easement (by estoppel, not recorded) to provide discounted parking to patrons of its neighboring business. Am I bound to offer this discounted parking to these patrons, since I am leasing the space from the hotel?
4 Answers from Attorneys
Re: Licensee Bound by Easement
You have asked this same question a couple of different ways; but the answer remains the same. You will need to sit down with an attorney and review all of the underlying documents to get a clear and accurate answer.
I do not have enough to go on to provide you with a complete legal analysis through this forum.
If you would like to discuss further, please do not hesitate to contact me.
-Bryan
619.400.4929
Re: Licensee Bound by Easement
Read The Friendly Lease.
Re: Licensee Bound by Easement
Sounds as if the right to discount is questionable. You may want to challenge the easement. Contact me directly.
Re: Licensee Bound by Easement
My view is that you probably are bound by the easement, if it exists. You need to do a little research to determine the validity and terms of the easement. The existence of an easement by estoppel usually suggests a prior legal action to assert the easement, and you need to locate the suit and review the file and the judgment. In addition, if the hotel did not disclose the easement at the time you negotiated the lease, this may be an actionable fraud. In any case, if the easement exists, it does affect your rights as lessee to the same extent it would affect the hotel, and you would be bound by it.
Related Questions & Answers
-
Rental property is it legal to charge a late fee for rent Asked 9/11/08, 11:47 am in United States California Real Estate and Real Property