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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7414
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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If a neighboring community has built a road over the back 12

Customer Question

If a neighboring community has built a road over the back 12 ft. of my property, even if they have an easement (None was recorded), can they prevent the title holder from accessing that 12 ft.? A fence/wall was constructed 12 ft. from the property line.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California, Orange County
JA: Has anything been filed or reported?
Customer: I have not found anything file in the country records. The construction was done many years ago, and the current dispute is whether I can put an opening in the wall to clean glass panels. Our property borders another gated community.
JA: Anything else you want the lawyer to know before I connect you?
Customer: There was a settlement agreement in 1992 with the original owner, saying they can put a gate in the wall to access the other community. I contend that if there was an easement, it still wouldn't affect our title and right to access the land.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 2 months ago.

You haven't said what the easement was for, or if there are any limitations upon its use in the plat. But generally, the owner of the fee has the right of access to the land, the same as any other private person or member of the public who has a right to use the easement.

Expert:  Irwin Law replied 2 months ago.

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Customer: replied 2 months ago.
The easement if issued would have been to allow buildi g of the road in front of their community lots.
Expert:  Irwin Law replied 2 months ago.

What do you mean "if issued"? Easements aren't issued. They either exist or they don't. What is the problem that you are concerned about?