QUESTION
What is our chance to getting the Title/Grant back for us on the Easement by Necessity?
Asked on Apr 08th, 2016 on Landlord and Tenant Law - California
More details to this question:
I purchased the property with Easement by Necessity and the real-estate agent advertised like a property like "flag" lot. The property was a long time ago 1 property with only 1 owner. The owner later sold the half property (behind her place) to her daughter with easement access to the landlocked property. The daughter had only access to her property on this easement. I was able to find the titles and all titles listed the easements and the access rights to our landlocked property. When we purchased our property, we find out in middle of the sale process our seller gave up the grant to the person who is owning the street front property from 2005 and the easement attached to his property. Before this person purchased his property in 2005, the previous owner changed the easements location from left side to the right side and fenced all over his property as well. The current driveway what is the easement by necessity for us was always open to the street with one gate and my neighbor soon as he got the grant for the easement, opened the side gate for himself to have his access to the easement. We feel we was cheated when we purchased the property and when we notified the front owner we are planning to connect to the city sewer under the driveway with drilling. He is giving us a hard time, asking all kind of plans, answers and reminding us we only have the rights to use the driveway to access to our property. I have to tell you we are cleaning the driveway regularly and he is nothing maintaining. This is a very hostile situation and we would like to know what we can do here. Thank you for your time and waiting for your answer.
1 ANSWER
Your posting is a little confusing. You need to see a local real estate attorney. An easement by necessity normally refers to physical access to the landlocked property, and I am unsure whether it would apply to a sewer connection. I do not know that the former owner could deed away the easement because it is imposed as a matter of law and not title documents. You may have a cause of action against the daughter for selling you the property without telling you what she had done. It is not unreasonable for the front property owner to ask for information as to what you are going to do as to the easement and whether it will be restored to its former state, as you are not allowed to damage anything on the easement.
Answered on May 16th, 2016 at 5:40 PM