Legal Question in Real Estate Law in California

Re: Mutual driveway access

I assume this is a situation where there are three properties, A, B and C (or some other number, of course, the principle is the same), where the shared driveway leaves the public road and first goes across lot A, then across lot B, and ends at lot C. There are then two main possibilities: (1) C has rights over lots A and B, B has rights across A, and A can only use the part on his own land; or (2) All three owners have equal rights on all parts of the road. The documentation would be different. In either case, however, the usual practice so far as costs of construction and maintenance is to allocate it on an expected use basis. Other things being equal, C would pay more maintenance (and original costs) than B, and B more than A.

Further, the current situation may be that lots A, B and C currently exist as separate parcels, or it could be that a lot split is under way. The significance is in whether the easements (if easements are to be used, and that would be common) are created by grant (existing lots) or by reservation (usual method with a new subdivision).

There are probably easement agreements floating around that could be copied, with modifications, to fit the existing situation. I've never seen a pre-printed stationery store type easement form like those do-it-yourself apartment leases or wills, but that doesn't mean they don't exist.

The biggest problem with self-drafting an agreement of this kind is, probably, getting the correct legal descriptions of the easements or other rights granted. You may need a survey, and I would certainly recommend using both a surveyor and a lawyer. The survey can have a dual use as part of the construction plans. The lawyer can make sure that each owner grants and receives only what's appropriate, and that the final instrument will meet county expectations for recordability. An uncertain right of access can make a parcel unsaleable, or make it impossible to get a construction or take-out loan on normal terms.

Re: Mutual driveway access

Depending on the configuration of the property and the nature or what you want you most probably need an easment to be recorded so that all of the deatails will stay with the land and be "permant" and binding on all owners to come. There is no specific form but there may be other easments recorded in similar situations on near by property. Get a attorney who is expertise in real property law or you may do somthing that will be disasterous in the future. I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.