Legal Question in Real Estate Law in California

Re: Property Easement Denied

You will need to file an action in the San Benito Superior Court, located in Hollister. Small claims is for money judgments, not declaratory relief.

You will need a good trial lawyer with real property experience to litigate your case.

Re: Property Easement Denied

Go to the title company, and explain the problem. Tell them you want to know what the record is on the neighbor's property. It is possible that you BOTH have an easement to the same land.

That is the first step, which won't cost you anything. If you need more help after that, call me at 925-924-0100

Re: Property Easement Denied

Small Claim can only issue a money judgment. You need to file a quiet title action in Superior Court. You had best get a lawyer. Essentially you are asking the court for declaratory relief. You need to look at the deeds and the original grant of easement document. Those documents are of import. The title company only insures what is recorded. There might be an unrecorded easment that supercedes the original easement. An unrecorded document is just as valid as one that is recorded. By all means, if you pursue this, use a lawyer.

Re: Property Easement Denied

What does your title report say about the description? If you own the property, the easement will show up on your report because your land is SUBJECT to the rights of another property owner who is allowed to use your land. Conversely, if you own the right to use someone else's land, it will also show up on the report. It is easy to tell whether you are the owner of the land or the owner of the right to use an easement on someone else's land, by simply READING THE LANGUAGE OF THE REPORT. You can either call your title company and ask them to explain the meaning, or you can spend a couple of bucks and go to a real estate attorney who should be able to translate it for you in about five minutes!

Re: Property Easement Denied

California small-claims courts have jurisdiction to award money damages of $5,000 or less, to grant related equitable relief (rescission, restitution, specific performance and reformation of instruments), and a handful of other chores assigned to them by statute. Therefore, your matter belongs in superior court, probably as a quiet title action.

Remember that an easement typically involves two adjoining tracts of land, one of which is benefitted by the easement, and the other of which is burdened by it. For example, a road easement providing access for Blackacre lying on another property, Whiteacre. In legalese, Blackacre, which is benefitted, would be termed the 'dominant estate' and Whiteacre would be the 'servient estate.' The easement might be mentioned in deeds, title reports, etc. to either property. In the case of Whiteacre, the mention would be to place subsequent owners on notice that Blackacre has rights affecting Whiteacre, and it is thus quite important as a restriction. In the case of Blackacre, mention of the easement would serve a different purpose -- it is part of the estate, allows the owner a means of ingress and egress, and probably affects the value and marketability of Blackacre.

Therefore, the mere mention of the same easement in documentation of two or more separate properties is not inconsistent with law or logic, if the documents show that one is the dominant (benefitted) estate or property and the other is servient, or burdened. Possibly a proper understanding of the documents will reveal that there is nothing to dispute and no court action is necessary at all.

Re: Property Easement Denied

The validity of the easement depends on the title and also possibly on a visual observatrion of the area. If you have any title report and correspondence, please fax them to me at 714 363 0229 and I will provide you with free consultation.