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?


Asked on 9/11/08, 4:12 pm

4 Answers from Attorneys

Bryan C. Becker Your Lawyer for Life.

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

Read more
Answered on 9/12/08, 12:00 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Licensee Bound by Easement

Read The Friendly Lease.

Read more
Answered on 9/11/08, 4:16 pm
James Obecian law office san diego

Re: Licensee Bound by Easement

Sounds as if the right to discount is questionable. You may want to challenge the easement. Contact me directly.

Read more
Answered on 9/11/08, 6:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

Read more
Answered on 9/15/08, 12:16 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California