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I live on a Private Access Easement and my neighbor is

Customer Question
I live on a...

I live on a Private Access Easement and my neighbor is renting his house out like a hotel on Airbnb and such. Can the grantor of the easement ask him to stop this commercial use of the easement?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

You mean the easement or in response to the new activity?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not yet

Submitted: 1 year ago.Category: Real Estate Law
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Answered in 5 minutes by:
6/22/2017
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,519
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Is the easement for ingress/egress purposes only?

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Does the easement have any restrictions on it regarding use by an easement holder?

.

What are the occupants doing that an owner wouldn't be doing in their use of the easement?

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thanks

Barrister

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Customer reply replied 1 year ago
Use is only for Ingress/EgressDoes the easement have any restrictions on it regarding use by an easement holder? Unsure , other than the intent was to provide residential useWhat are the occupants doing that an owner wouldn't be doing in their use of the easement?
The are using the property as a hotel , although our municipal code may change, currently our "Dwellings" explicitly ex
clude Hotels, Motels and Boarding Houses
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago

Thank you for that information..

.

My last question might have been poorly worded... What I meant is for example, if an owner might travel across the easement 4 times a day, leaving and coming back and then leaving and coming back, are the tenants doing something like driving across it continually all day long dozens of times?

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What I am trying to determine is if the tenants are using the easement with much more frequent use than an owner would..

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thanks

Barrister

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Customer reply replied 1 year ago
I believe so , especially since there are 4 units , sometime with 2 cars for each unit . Additional traffic is generated by the increased need for supplies and maintenance.
Customer reply replied 1 year ago
the road really only supports one car , if another car comes down the road you need to back up to allow them to pass
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago

Ok, then if the easement has anything in it that states it is only for residential or non-commercial use, then yes, the underlying property owner could file suit against the easement user for a violation of the easement rights.

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Further, if the other owner's actions in renting out their property are interfering with your use and enjoyment of your property and your use of your easement rights, then you could file suit against the other owner for "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

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So I think that both you and the underlying property owner could maintain causes of action against the landlord provided that the easement has some language about residential usage only.

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thanks

Barrister

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Customer reply replied 1 year ago
Thank you , I may follow up with you later after I talk with the owner of the land. Do you provide services such as writing letters?
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

.

www.martindale.com

.

www.lawyers.com

.

They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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