Legal Question in Real Estate Law in California
Necessity easement for property maintenance
There is an area of only 12 inches between the wall of our home and the surveyed boundary line. We have painted three walls of our home, but our neighbor will not allow us to go onto their property to paint that wall. Do we have a necessity easement? If so, can you provide legal authority -- our neighbors will not take our word for it! Thanks in advance.
2 Answers from Attorneys
Re: Necessity easement for property maintenance
You do not have a necessity easement. An easement by necessity concerns issue of access to property.
Re: Necessity easement for property maintenance
Mr. Guerrini is correct. An easement by necessity is extremely rare, because it involves landlocked property and the necessity of access on and off the property to get to public property or highways.
I take it you do not get along with your neighbors, and you cannot get into an agreement with them. It would seem to me that they would allow you to paint your house, instead of having an old painted side deteriorate their property values. Maybe they don't like money.
My mother used to say that good fences make good neighbors. I think she had that backwards. Good neighbors make good fences.
Very truly yours,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
