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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111472
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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IF YOUR PROPERTY HAS NO STREET ACCESS DOES THE PROPERTY IN

Customer Question

IF YOUR PROPERTY HAS NO STREET ACCESS DOES THE PROPERTY IN FRONT OF YOURS HAVE TO GRANT AN EASEMENT?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under CA law, when a claimed easement by necessity has been asserted, the easement claimant (i.e. owner of the claimed "dominant tenement") must present evidence establishing the existence of two elements: (1) "a strict necessity for the claimed right-of-way, as when the claimant's property is landlocked; and (2) the dominant and servient tenements were under [common ownership] at the time of the conveyance giving rise to the necessity." See, Reese v. Borghi (1963) 216 Cal.App.2d 324, 332-333).

Thus, you would need to check the titles, to see if these parcels were once commonly owned. See: Murphy v. Burch (2009) 46 cal.4th 157, 163.

The cost of an easement would be dependent on the size of easement needed and the land values in your area, which is something you need to discuss with a local real estate appraiser. However, you are legally entitled to an easement by necessity under CA law, so the easement cannot be denied.

Customer: replied 1 year ago.
WHAT IF YOU ARE BUYING A PIECE OF PROPERTY THAT IS LANDLOCK AND THERE IS NO EASEMENT IN PLACE? DOES THE OTHER OWNER HAVE TO GRANT YOU THE EASEMENT IF YOU PURCHASED THE PROPERTY KNOWING THAT IS WAS LANDLOCKED AND THERE IS NO EASEMENT IN PLACE?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

As the case law says above, it is an easement by necessity if you prove the above. Even if you knew it was landlocked, they still have to give you an easement by necessity.

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