Legal Question in Real Estate Law in California

Parking Rights in Exchange for Grant of Easement

What if I grant an easement over my property to an adjacent hotel to construct a ramp to their parking structure, in exchange for them allowing my customers (I am a business) to park in their lot at a discount, but then they refuse to honor such an agreement. The agreement was not in writing, but they wrote to me acknowledging that we had agreed to this (many years ago though). I don't know if we had an oral contract, a reciprocal easement, a license, or what, and I don't know how the heck I can enforce this against them!

Please help me..

Thank you.


Asked on 9/10/08, 5:37 pm

2 Answers from Attorneys
Bryan C. Becker Your Lawyer for Life.

Re: Parking Rights in Exchange for Grant of Easement

Mr. Berger is correct. Without a full review of the matter, including the letter and a better understanding of the history of use and what actually exists, it would be hard to give you a road map going forward. Are you sure the easement was recorded - have you pulled it?

Please feel free to contact me if you would like to discuss further.

All the best,

Bryan

619.400.4929

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Answered on 9/11/08, 2:15 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Parking Rights in Exchange for Grant of Easement

You may have some or all of those things. You may also have an implied in fact contract.

If you have the writing which contained their acknowledgment, that's great. If they ever let any of your customers park there at a discount, that's great too.

Your matter is potentially very complicated and you probably need the assistance of an attorney.

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Answered on 9/10/08, 5:49 pm


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