More details to this question:
I am representing a property for sale (I am a Realtor) in California. The owner of said property has agreed to an exclusive easement for his neighbor. Basically, his neighbor has a putting green on our client's property (the property we are representing) that is for the sole use of the neighbor and his friends and family (as outlined in the exclusive easement agreement linked in the preliminary title report). The neighbor has erected a sign on the perimeter of the putting green (that is on our clients property) alerting people (potential buyers and agents) that this putting green is private property and trespassers will be dealt with swiftly and to the full extent of the law. What I am curious about is if there is a way (possibly through quiet title action) for the current owner or future owners of the property I am representing to essentially take back his/their land as it happens to be very valuable (the putting green is a few hundred square feet on prime oceanfront property).
1 ANSWER
I recommend that you or your buyer hire an experienced real estate litigation attorney to review this easement document. Almost always, the owner of the property burdened by the easement retains the right to use the easement area as much as he can without interfering with or damaging the easemetn rights. In this case for example, it would take some very aggressive language in the easement document to take away the property owner's right to walk on the putting green, sunbathe on it, or putt on it, when the owner of the easement was not using it himself. If that were the case, then the sign is inaccurate and should come down. But the neighbor could be right. It depends what the easement document actually says. A good lawyer might see loopholes that others might not.
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Dana Sack
Answered on Oct 24th, 2017 at 3:04 PM