An easement by necessity is a legal right that allows a person to access and use another person’s property for a specific purpose, even without explicit permission from the property owner. If you are facing such a situation in San Diego, it is advisable to consult with an experienced easement by necessity lawyer. They can help protect your property rights and ensure you have fair access.
Handling easement by necessity issues can be a complex and frustrating process, especially in the San Diego area. These situations typically occur when a property owner needs to cross another person’s land to access their own property, but there is no explicit agreement in place.
Common challenges faced in easement by necessity cases include:
At our San Diego real estate law firm, we understand the complexities involved in easement by necessity cases. Our experienced easement by necessity lawyers are dedicated to protecting your property rights and ensuring fair access to your land.
First, we’ll thoroughly review your specific situation and any existing legal documentation or agreements related to the easement. Our team will then work to establish the legal basis for the easement by necessity, drawing upon relevant laws and precedents in San Diego and California.
If necessary, we can assist in negotiating with neighboring property owners to reach a mutually agreeable solution regarding the easement’s scope, location, and maintenance responsibilities. Our goal is to resolve disputes as efficiently and amicably as possible, minimizing the need for costly and time-consuming litigation.
However, if negotiations fail, our seasoned litigators are prepared to represent your interests in court. We have a proven track record of success in easement by necessity cases, and we’ll advocate tirelessly to protect your property rights and ensure you have the access you need.
Throughout the process, we’ll keep you informed and involved every step of the way, ensuring you understand your options and the potential outcomes. We’ll also work to minimize any disruptions to your daily life or business operations caused by the easement dispute.
With our expertise and commitment to client service, you can trust that your easement by necessity case is in capable hands. Contact us today to schedule a consultation and learn how we can help resolve your property access issues.
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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Get quick answers to the most frequently asked questions.
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An easement by necessity is a legal right granted to a property owner to access their land over a neighboring property when there is no other reasonable means of access. It arises out of necessity, usually when a parcel of land becomes landlocked due to the sale or subdivision of surrounding lands. The easement allows the landlocked property owner to cross the neighboring land to reach a public road or highway.
In San Diego, an easement by necessity is typically created when a parcel of land is subdivided or severed from a larger tract of land, leaving a portion of the land without access to a public road or highway. For an easement by necessity to be established, the following requirements must be met: (1) the parcels of land were originally part of a single tract, (2) the landlocked parcel has no other legal access to a public road, and (3) the necessity for the easement existed at the time the parcels were separated.
The location and scope of an easement by necessity are determined based on the principle of “reasonable necessity.” The easement must provide reasonable access to the landlocked property, taking into account factors such as terrain, existing improvements, and the least burdensome route for both parties. The scope of the easement is limited to what is reasonably necessary for access, and the owner of the servient land (the land over which the easement crosses) retains the right to use the land in any way that does not unreasonably interfere with the easement holder’s right of access.
Yes, an easement by necessity can be terminated or modified under certain circumstances. If the necessity for the easement ceases to exist, such as if the landlocked property owner acquires access to a public road through another means, the easement may be terminated. Additionally, the easement can be modified or relocated if both parties agree, or if a court finds that the modification is necessary and reasonable.
The holder of the easement by necessity (the dominant estate) has the right to use the easement for reasonable access to their property, but they must not interfere with the rights of the servient estate (the land over which the easement crosses) beyond what is necessary for access. The servient estate owner must not obstruct or interfere with the easement holder’s reasonable use of the easement, but they retain the right to use their land in any way that does not unreasonably interfere with the easement.
If a dispute arises over an easement by necessity in San Diego, such as disagreements over the location, scope, or use of the easement, the parties may seek resolution through negotiation, mediation, or litigation. In some cases, a court may be required to interpret the rights and obligations of the parties, determine the appropriate location and scope of the easement, or resolve any encroachment or interference issues. It is advisable to consult with an experienced easement by necessity lawyer in San Diego to protect your rights and interests in such disputes.
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Mr. Luiey Haddad and his associate Mr. Sasan Mirkarimi are exemplary real estate attorneys. I observed their work in the San Diego Courtroom. I was impressed with their clarity, fortitude and comprehension of the issues involved. Their breath and depth and enormous legal ability was absolutely required in the case before them. Their efforts and legal acuity won the final hearing which lead to a very good settlement. They also monitored and weighed carefully the cost and benefit part of the legal process. I highly recommend them.
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I found this firm by doing a search for Tree Attorneys. Who knew such a thing even existed? But I hired them for an initial phone consultation and Sasan was very thorough and provided me with a lot of good ideas and feedback. I appreciated that. I did wish that the firm offered more of an a la carte service and shared this with them. With that said, I was definitely satisfied with the service provided. Thank you, Sasan!
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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.
Sasan helped me recover damages on my property during a very stressful time in my life. They guided me through the whole process never gave up on my case. I was able to recuperate all of my losses! I’m so grateful i found this firm to help me.
I’ve had the best experience with the team at Equity Legal LLP. Sasan Mirkarimi was representing me for my case. The whole team was on top of it and he handled my case with care, compassion and expertise. I highly recommend this team for your legal needs. I had full disclosure on the fees, what they are doing, when they are doing it and we maintained great communication through out the process. I would use this team and specially Mr Mirkarimi if I ever need those kind of services.
Sasan, Briana and the entire staff at Equity Legal hit the ground running and provided excellent communication throughout the legal process. We had a messy situation on our hands, but they weren’t hesitant to jump in and do some tough negotiations. They worked tirelessly to achieve our goals. Ultimately in the end, Equity Legal ended up settling the entire case for the exact target amount we hoped for. It was absolutely the best-case scenario for our situation. Maybe most importantly, throughout the process my husband and I had peace of mind that a professional team had our backs. I’d recommend them to anyone!
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