An easement by necessity provides access to a landlocked property. If your property does not have legal access to a public road, you may be eligible to obtain an easement by necessity. Our experienced real estate lawyers can help you secure the necessary easement rights.
If you own a landlocked property in California, you might encounter difficulties accessing your property because you don’t have a legal right-of-way. Acquiring an easement by necessity can be a complicated process, but our experienced real estate lawyers are here to help you navigate these challenges.
If you own a landlocked property in California and need to secure legal access, our experienced real estate lawyers can assist you in obtaining an easement by necessity. We understand the complexities involved in this process and will work diligently to protect your rights and interests.
First, we will thoroughly evaluate your property’s situation and determine the most appropriate course of action. This may involve negotiating with neighboring property owners to obtain an easement or pursuing legal action if necessary.
Our lawyers have extensive experience in handling easement by necessity cases and will guide you through every step of the process. We will conduct thorough research to establish the legal basis for the easement and ensure that all requirements are met.
We will also work closely with land surveyors, zoning officials, and other professionals to ensure that the proposed easement route complies with all applicable laws and regulations. Our goal is to secure a legally valid and enforceable easement that provides you with the necessary access to your property.
Throughout the process, we will keep you informed and involved, ensuring that you understand your rights and options. We will vigorously advocate on your behalf and strive to achieve the best possible outcome for your situation.
Obtaining an easement by necessity can be a complex and time-consuming process, but our experienced real estate lawyers are here to help. We will handle the legal intricacies, allowing you to focus on your property and your life.
When you choose us, you will have a dedicated team of knowledgeable Our proven process. Schdule today.s. Our aim is to ensure the best outcome for your real estate case and provide you with the peace of mind you need during this challenging time.
Receive a thorough case assessment for your Easement by necessity issue at no cost from our skilled legal team.
If your case qualifies, we will. schedule a no-obligation 15-minute consultation with our team to explain how our firm can assist
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Choosing us as your Easement by necessity legal representation for real estate matters ensures a strong partnership. Our dedicated team is committed to pursuing the best results for your case with unwavering effort.
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An easement by necessity in California is a legal right that allows a property owner to access their land by crossing an adjacent property when there is no other reasonable means of access. It is created by operation of law rather than by an express grant or agreement between the parties. This type of easement arises out of necessity when a parcel of land becomes landlocked or inaccessible from a public road or right-of-way.
A: In California, to establish an easement by necessity, the following requirements must be met:
1) The parcels of land must have been part of a single tract under common ownership at some point in the past.
2) The landlocked parcel must have become separated from the remaining land through a sale or other legal conveyance.
3) The necessity for the easement must have existed at the time the parcels were separated.
4) There must be no other reasonable means of access to the landlocked parcel.
Yes, an easement by necessity in California can be terminated or extinguished under certain circumstances. The easement may be extinguished if the necessity for the easement no longer exists, such as if the property owner acquires another means of access to the property. Additionally, if the landlocked parcel is reunited with the adjacent parcel, the easement may be extinguished through a merger of the properties. The easement may also be terminated through an express agreement between the parties or by adverse possession.
In California, the location and scope of an easement by necessity are generally determined based on the principle of reasonable necessity. The easement must be reasonably necessary for the beneficial use and enjoyment of the landlocked parcel, and it should follow the most convenient and reasonable route across the adjacent property. The scope of the easement is limited to the reasonable needs of the landlocked parcel, such as access for ingress and egress, utilities, and maintenance.
An easement by necessity in California is typically considered a non-exclusive easement, meaning that both the property owner with the easement and the owner of the adjacent property have the right to use the easement area. However, in some cases, the court may grant an exclusive easement by necessity if it is necessary for the reasonable use and enjoyment of the landlocked parcel.
Yes, there are specific legal requirements and procedures for establishing an easement by necessity in California. Generally, it is advisable to seek the assistance of an experienced real estate attorney to ensure that all legal requirements are met. The process typically involves filing a civil lawsuit in court, known as a “quiet title action,” to establish the existence and scope of the easement by necessity. The court will consider evidence and testimony to determine if the requirements for an easement by necessity have been met and, if so, will issue a court order defining the easement’s location, scope, and other terms.
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I had been approached from a utility company to put an underground easement on my property with a phone call one day. The person who called me said it was really easy and that they wanted to meet me right away to notarize and sign a document with them. I did not feel comfortable and didn’t realize all the ramifications a utility easement would have on my property. I asked the utility representative if I should have a lawyer review their proposal and he said I do not need to involve lawyers. That is when I really felt uncomfortable and looked online for a San Diego County easement lawyer and found the Equity Legal LLP website. I filled out the intake form and a person emailed and called me shortly after and set up a phone appointment with Luiey Haddad. Luiey called me and was very helpful on the phone explaining the ramifications of an easement and how he could review documents and help and what to be concerned about and what legal fees would cost for a retainer. The utility company as since notified me that they are not requesting an easement on my land, however there are still some issues with vacating an old line once they put in the new underground line on a neighboring property that I might have Luiey review for me. I really appreciate his feedback to help put in context what my land owner rights are.
Thank you so much to Sasan Mirkarini for taking the time to advise us. His vast knowledge about easements, property disputes and experience was invaluable. He’s kind and speaks in a way that an easily understood. He laid all of our options, the cost, and gave us a plan to proceed. Very helpful and very professional.
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