Legal Question in Real Estate Law in California

We purchased our house in Pleasanton over a year ago. All properties in this development have a nice front yards. Just recently my neighbor locked the gate to my backyard and placed a huge rocks along my driveway. When asked in writing to correct this mistake he responded that he has an non exclusive easement to maintain the fence with the gate (flanking my backyard) and an exclusive easement to

use the yard located in front of my house. At this time I am cut off from my backyard and can't open the car door because of the rock location along my driveway. He is not allowing me to walk through my front yard. I went to the Title Insurance and learned that he in fact has this type of easement as a part of his legal description of the his property. This information is not located on the legal description of my property. I am reading the website information about the easements and see that the easement doesn't entitled him to create a hardship on me. How these two type of easements can relate to the same 240sf piece of land?

Does he have a right to create this hardship for me?

I have a second part of the problem related to the easement with the neighbor from the other side. I have and easement in front of her house described as an non exclusive and an exclusive to use her front yard and she has and easement in my backyard. All this came out during my visit in the Title Insurance. Her easement is 700sf but mine is 200sf. I would like to know why I am forced to pay a property tax on 500sf which she uses and this part of land is cut off from mine by solid fence.

What should I do and how to proceed to clarify my damage and clarify the deed.

Thank you very much

Matt Aspen


Asked on 8/07/13, 7:56 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

First I recommend that you speak to a competent real estate attorney to review your title policy, any preliminary title report you were issued, and all of these recently discovered easements that were not disclosed to you. You may have rights to make a claim against the title company.

Second, that attorney can review the entire matter and advise you as to whether you have a problem with someone misusing their easements, and what is necessary to resolve the problem.

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Answered on 8/08/13, 10:04 am


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