Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Real Estate question: My landlady is 85 years old and wants…

Real Estate question: My...

Real Estate question: My landlady is 85 years old and wants me to look into this for her: She has a property nestled into a hillside with a driveway to a street below. The 10ft driveway was formerly owned by someone else as a through block passage from one street to the next as a shortcut walkway since the streets weave up the hillside. In the 1920's before there were houses (except for one next door which preceded all others), the then passageway allowed for a perpetual easement to access her property. However in the 1950's when her house was built by an architect owner from who my landlady later bought in 1953, the architect acquired the passageway and it now shows on title as my landlady's property in fee ownership. There was a second easement on the lower passageway for the property below her to access their property.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

The lower property does not want the landlady to use the driveway as passing through disturbs their dog and their dog's barking disturbs the dog's owners. They are trying to prevent use of the driveway, first they sent a note from their lawyer that we would lose rights to the driveway claiming they owned it. We pulled title and proved it was my landlady's. However they still insist I cannot get deliveries and no one including the plumber yesterday can use it as it was written as an access easement only. that is true, originally in the 20's when it was a public passageway it was an access easement only for my landlady as she did not yet own it. However, once the architect purchased and built on it there is no through correspondence from upper street to lower street. It is an entirely different situation now. The landlady owns the driveway, allows the lower property owner to use it as access to theirs as required by the easement. However the lower property owner says the landlady can't park there per the 1920's easement description which prohibited parking on it (as it was a through passage and could not block others from access). However the upper passage no longer exists and is now a side yard for the owner The point is I park at the end of this driveway as a tenant and the lower property owner is pointing to the 1920's easement which prohibits it, under a different scenario when the driveway was owned by a third party. I need the driveway easement rights lifted for my landlady on her own property as the driveway terminates at her yard and parking there blocks no one nor disturbs anyone.

Lawyer's Assistant: Where is the house located?

How do I go about making the driveway legal description relevant to the situation from the 50's when houses were built and the driveway purchased and throughways eliminated rather than the 20's It is located on the border of Santa Monica and West Los Angeles

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

Just that I had a friend who is a very expensive RE attorney write a letter to the lawyer of the lower property essentially saying my landlady owns the driveway and their claims and threats that she will lose her rights are inapposite. He left for Ireland for the summer after writing the letter. Upon receipt the lower property owner began video taping our use. Especially the laundry delivery person whom I refuse to reroute his deliveries to the upper street access since it is a busier road and less safe and many steps and not as direct. I refuse to be bullied. Also please know I am quiet, travel for work a lot and she really has no reason to claim how she suffers from the in and outs on the driveway except that she has an unruly dog which I told her she needed to get under control for her own liability...which really set her off. She lets her dog chase people down the driveway as a deterrent. that's enough

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 minutes by:
5/26/2018
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,862
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

There is an easement there that cannot be obstructed based on what you are saying. The easement is either the deeded easement or an easement by prescription (through use over all these years). The neighbor does not have legal right to obstruct the easement either way, but if they are trying to do so, your landlord will need a local attorney and will have to file a boundary action in court and get the court to declare the easement and issue an injunction against the neighbor from continuing to try to stop the use of the easement, which is the only way to resolve this dispute if the neighbor is causing an issue.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,862
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Law Educator, Esq. and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 2 months ago
They have tried to block it in the past but I got them to clear the way.
The issue I have is that there were two easements on the driveway in the 20's before there were houses and it was a passageway open to the public but not publicly owned. Easement 1 to the lower property. Easement 2 to my landlady's property. The driveway runs alongside the lower property and terminates at my landlady's property. My landlady wishes to park at the terminus but is being told by lower property it isn't allowed by the easement restrictions, however the situation has changed in every way and that restriction needs to be lifted. How do I do that?
Joycelaw
Joycelaw, Attorney
Category: Real Estate Law
Satisfied Customers: 124
Verified
Phone call session started
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 126,862
126,862 Satisfied Customers
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I was just on here about a land dispute with my neighbor. I
Hi. I was just on here about a land dispute with my neighbor. I was on my phone though and it is harder to type so I switched to my laptop. … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
Doctoral Degree
126,862 satisfied customers
I have an easement that runs through my property to allow
I have an easement that runs through my property to allow the owner of a property behind us to construct a driveway to,access their property. He parking a trailer and equipment to block where we acces… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a person has a presciptive easement for sewer hook up does
If a person has a presciptive easement for sewer hook up does it give them an easement for surface use of a neighbors property? We live in CA… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Implied Easement Question: "A" sold me 3 of 4 commercial buildings
Implied Easement Question: "A" sold me 3 of 4 commercial buildings (in 2004) from a parcel of land that was subdivided by the original owner approx. 1966. "A" sold the 4th building to "B" in 2010 or 2… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
We purchased land with an easement 6 years ago. The easement
We purchased land with an easement 6 years ago. The easement ran right next to the sellers ex-wife's home. We didn't want to disturb her, so we offered to change the easement to a different area and h… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
the landlord to the building next door constantly blocks our
the landlord to the building next door constantly blocks our driveway. we have to cross his property to get to our driveway. He claims that we have to wait until he feels like moving. Is this legal?… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Neighbors house is directly on property line. I have a ten
Neighbors house is directly on property line. I have a ten foot wide driveway next to my house that lies between both houses. Houses built in 1920s, and neighbors home has had neglible maintenance and… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
I share a 50ft easement with a bordering neighbor. There is
I share a 50ft easement with a bordering neighbor. There is a center line which splits the 50ft. I pay taxes on my 25ft and they pay taxes 0n their 25ft. I use and maintain my share of the easement be… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am a home-owner in Kansas City, MO. We own the driveway
I am a home-owner in Kansas City, MO. We own the driveway between our house and my neighbors next door. My neighbors have an easement that encompasses the entire width and length of the driveway. Our … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Please advise ASAP Situation is as follows - Boston, MA At
Please advise ASAP: Situation is as follows - Boston, MA: At one time there was a "passageway" designated between our house and our neighbors leading to an open area behind our respective houses. Thin… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
My mom owns a lot with a long drive in IN. There is a house
My mom owns a lot with a long drive in IN. There is a house behind and one beside that use it, too. When first built, it was the only drive for the 3 houses. Our neighbor to the side claims the drive … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I have a home in MA and have access to a shared driveway (neither
I have a home in MA and have access to a shared driveway (neither of the homes own the land that makes up the shared driveway - the town owns the land. The neighbors continue to use the driveway as th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
We own a piece of property with a home on it in Oklahoma.
We own a piece of property with a home on it in Oklahoma. The property has one access to it crossing over another landowner. The home has a circle driveway that goes onto the other land owners land. B… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
We bought our house in 2003. It was built in 1995. Our neigbors
We bought our house in 2003. It was built in 1995. Our neigbors have lived in their home for 25 years. We have a tuckunder 2nd garage. Our primary garage has a seperate driveway not in question. Our n… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
purchased rural home w/3 acres, driveway separates house from
purchased rural home w/3 acres, driveway separates house from neighbor house and is on purchased property, neighbors house was originally "mother's house", both houses front on highway, driveway was/i… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I recently bought and paid off my house and the neighbors have
I recently bought and paid off my house and the neighbors have been using and parking on part of my driveway. I asked them not to, but they said there was an easement there. I checked my deed, my surv… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I purchased a property that is a townhome. I own all of the
I purchased a property that is a townhome. I own all of the property around my townhome and the townhome attached to mine. The owners of the townhome attached to mine own the stamp of land where their… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I own a property in Peabody ma. The property is burdened with
I own a property in Peabody ma. The property is burdened with a easement granted to the house in front to use the first 100' x 12'if the driveway for passage and repassage with vehicles or otherwise. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x