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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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My neighbor and I have written and signed an easement

Customer Question

My neighbor and I have written and signed an easement for a party to allow them to step onto our properties to construct a retaining wall. We emailed it to them for their review.
It was to be recorded under the condition that the final map they propose to the city designates the road they are widening to fall 9' north of our property lines. Since the preliminary map is not showing the road at all we don't know what the final will show.
We missed the appeal period to draw it to the attention of the City. So, since it is not yet recorded, we will add the contingency to our easement and record it. Question is can the other party take the document we gave them to review and record it themselves and if they do so which one stands? Thank you
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
These cases are always highly fact specific, so please understand, the information that you get here is simply general legal information in response to a "Q&A" and not the same as a specific legal opinion regarding your easement (which is what you would get from a local attorney who has actually read your agreement and proposed easement).In general, I would tell you that the specifics you describe (a road that is a specific number of feet from a property line, in your case 9') is going to be sufficiently specific to permit the other party to go ahead and complete their plans and make a recording with the County without any further input or opposition by you (so long as they do not violate this restriction) - there would be no further need for them to get additional approvals, etc. past what they have already received.However, there may be something specific to your case that would render a different opinion, or a different result, so you may want to speak to a local property law attorney. I would definitely recommend speaking with a local attorney prior to recording anything with the county - recording something that contradicts what you have already agreed to with the other party (or arguably contradicts what you have agreed to) will place you in a potential breach of custody dispute with this party (likely unnecessarily).