Legal Question in Real Estate Law in California

I purchased a duplex in the city of long beach, california. The duplex used to be part of additional five units in the same lot ( total 7 units) owned by a single owner. The units were built in 1947. May be about 10 years back, they subdiveded the lot and sold the duplex without properly obtaining easements for water and sewer and five other units separately. Now I bought the duplex and the other five units are owned by another owner. The sewer line from my property connects to the other property sewer line and eventually to the city sewer system. Can the other property owner stop me from using the sewer line or can he legally sue me for connecting to his sewer line? What options I have now? Can I force an implied easement for sewer?


Asked on 1/25/11, 8:13 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If the other property owner disconnects the sewer line or sues you, you would countersue for an implied easement, and maybe (depending on when you discovered these facts) you have a case against whoever sold you the property.

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Answered on 1/27/11, 1:10 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think your stronger case is for a prescriptive easement, but an implied easement theory is also viable. If you are sued, assert both theories on a cross-complaint to quiet title in the easements. If he disconnects you, file suit and apply for an immediate TRO.

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Answered on 1/27/11, 3:40 pm


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