As a Los Angeles Easement Dispute attorney and a general real estate attorney who deals with easement disputes on a regular basis, we often get questions about easements. As background, easements are a right to use the real property of another without possessing it. For example, in Los Angeles we typically see commercial property adjacent landowners (neighbors) granting easements so that one property owner and their guests can access the other property owner’s property. This can be to share a driveway that is solely on one owner’s land or to share parking space that is only on one owner’s land. Sometimes neighboring owners even create reciprocal easements that may allow two adjacent landowners to share a driveway, parking lot, or parking space that covers more than one parcel of land.
Once an easement is agreed upon the agreement, which really is just a contract, is signed by all parties, notarized and then recorded at the county recorder’s office in the county where the property is located. The easement is recorded so that it is tied into both properties’ history and any potential buyers or anyone attempting to claim an interest in the property is on constructive notice (should have known notice) that there is an easement affecting the property.
In any event, disputes often arise concerning the maintenance obligations in easements or use beyond the rights permitted in the easement. Whenever our clients are faced with an easement dispute we always recommend reading the actual easement agreement, the one that is recorded and determining the parties rights relative to that agreement. More importantly, given that usually the easement owners are adjacent land owners (usually but not always) we try to work on ways to resolve disputes before litigation is needed. But, we are not afraid to litigate. The key is understanding each easement holder’s rights and responsibilities and seeking a court determination if the parties cannot agree.
For more information on your Los Angeles, Santa Monica, Manhattan Beach, West Los Angeles, Beverly Hills, Pacific Palisades or any other Southern California City easement dispute, contact us, at Schorr Law, APC, firstname.lastname@example.org, 310-954-1877.