Legal Question in Real Estate Law in California
Real Estate
My parents are 76 and 79 years old.
They own a rental property in
Hermosa Beach CA, but they live 90
miles away from it. The builder and/
or owner of a new property under
construction next door to their rental
property, demolished the stairs
accessing their upstairs apt. without
contacting them first. They now
have no access to that unit. The
stairs (on the side of the building
leading to the apt. door) were on a
shared easment that was probably
over 50 years old. The stairs leading
from the front of the property to the
upper unit were attached by one
piece to the side stairs and they
removed those as well. The stairs
were old and needed replacing, there
was no tenant occupation at the
time and I'm sure the builder/owner
knew this and decided the timing
was right to do what would benefit
the sale of their property which is
nearly completed and on the market.
They deny doing it. But offered to
''patch the stucco holes left behind.''
Clearly no one else had cause. Where
the stairs once were there is a cinder
block fence being built.
How should my parents move
forward? Is there anything they can
do? Thank you very much.
4 Answers from Attorneys
Re: Real Estate
Your parents need to speak with a real estate attorney in your area immediately. If there is a common easement on which the stairs were located, your parents had as much right to use that easement as the developer, and the developer had no right to demolish the stairs.
Based upon the facts you have given, the developer would be liable to your parents for the cost of replacing the stairs they demolished. However, the developer is only offerign to patch holes in the stuck of your parents units, your parents need to act quickly to enforce their rights.
Re: Real Estate
The developer should pay for the lost rental income. Contact me directly.
Re: Real Estate
I agree completely with Mr. Hoffman. Sue immediately and file a police report. Let me know if I can help.
Re: Real Estate
Mr. Hoffman and Mr. Stone are correct. Mr. Bravos is incorrect. The issue here is the scope of the easement that your parents own. An easement is the right to go on to the land of another, so the term "common" easement is a lay term that has no meaning here. If the easement is on your parent's neighbor's property, he cannot claim that he owns the easement also, because no one owns an easement on their own land. He is, however, bound by the easement, and cannot interfere with your parent's rights in the easement.
You need to speak to a knowledgeable real estate attorney in your area, as soon as you can.
Very truly yours,
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