Legal Question in Real Estate Law in California

Public easements for streets and highways

I have a subdivision that the Planning Department recommends approval. I want to use a Public Easement for access to my three lots. The City lawyer is telling me that he has the descritionary power to refuse me to use the easement because he plans to vacate this easement in the future. Even if the City vacates this easement people have to maintain it as private road to have access to their houses. Does the City has the power to restrict me to use the easement and can they vacate without the consent of the people?


Asked on 4/29/99, 6:24 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Public easements for streets and highways

This is a rather complex question. The law regarding easements is often not understood by attorneys. Generally a government can either refuse to accept an easement or vacate an easement.

There are circumstances under which a government agency cannot vactaer an easement for a street. The facts you stated are no sufficient to even guess at the possibilities.

You should invest in a good real eastate attorney, who can discuss the issue with you and then advise you.

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Answered on 5/03/99, 9:50 pm


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