Legal Question in Real Estate Law in California

You might have a claim against your and the other broker for non-disclosure, as well as the title company which should have brought this to your attention before escrow closed. As far as regaining exclusive use of your property, that would take a lot more analysis of old documents.

What happened right before escrow closed? (1) You found out about the grant of easement? or (2) The seller granted the easement?

I think it makes a world of difference. If you found out about an easement that was granted and recorded months or years before the closing, the existence of the easement is something that should have been shown on your preliminary title report, and your beef (if any) would be with the title company, or you need to blame yourself for not reading the title report.

If, on the other hand, the seller did this after signing the purchase agreement, this was not only highly improper on the seller's part, it can probably be set aside by a court.

As Mr. Cohen suggests, the agents and brokers involved in the deal on both sides have duties with respect to learning about and disclosing encumbrances on the land of this kind, and it could well be that an agent or broker may also be liable for any losses you suffer as a result of their failures to exercise professionalism, research problems, and report to the principals here.