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legalgems
legalgems, Arbitrator
Category: Real Estate Law
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Neighbors house was built without proper storm drain and now

Customer Question

Neighbors house was built without proper storm drain and now they want an easement through our property to install a storm drain. Problem is that this would result in our fence along that side along with all our landscaping (which took 15 years to grow) being destroyed. There is an alternative which goes across another neighbors concrete driveway.and would actually be a greater fall to ensure proper drainage. Can we stop them?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  legalgems replied 6 months ago.

Yes, CA will not force a homeowner to provide an easement to a private party. While the state may exercise Eminent Domain a private person may not do so (even the state needs to provide fair compensation when forcibly taking a property).

A person can choose to allow a person an easement, and will typically charge for that - this is called an express easement. Because it deals with real property, pursuant to Civil Code 1624 it must be in writing as the Statute of Fraud pertains to it.

A licensed easement appraiser can help determine the fair value - however, one cannot be forced to grant an easement.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 6 months ago.

Hopefully that information will help secure a fair price if the easement is consent to. A real estate attorney can assist in preparing and recording the document.

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http://apps.americanbar.org/legalservices/lris/directory/

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