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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Purchased 3 acres several years ago being niave, trusted

Customer Question

purchased 3 acres several years ago being niave, trusted owner! owner used a water connection to leased property,has septic lines on our property! trying to get city water and sewage! we are land locked out for several years! land owner seeing the problem gave us 15 ft frontage but no access for utilitys we are very trusting!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You may be able to get an "easement by necessity" or "implied easement" for your utilities. However, this is not easily done, I would recommend hiring a local attorney to help you with this (you aren't looking to get locked into long term litigation, just someone to negotiate on your behalf - so this should keep your fees within reason, make sure to discuss fees up front and expected overall costs). But given the nature of what you have described (a seller that is intent on taking advantage of you, and a landlocked parcel reliant on neighboring utilities), you really need some local professional assistance to get around this.

(There really isn't a clear cut right to this easement - especially if there are other avenues to get utilities such as the pre-existing uses of the neighboring water, but I think that with the additional leverage of a law firm (show that you are no longer willing to be taken advantage of), you have a reasonable chance of getting what you need).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).