Application for Vacation of Public Right of Way

[LAWwaldo]

My question involves an easement in the state of:CA

I'm slightly confused with the paperwork required for my "Application for Vacation of Public Right of Way." It seems to imply that I MUST obtain the consent and notarized signiature of all property owners who adjoin the land we are trying to reclaim.

There are three neighbors. The first first in in foreclosure and I think the bank or a trust may now own it. The second neighbor lives most of the time in Texas. The third neighbor is unlikely to sign any paperwork.

If I cannot obtain all three signiatures, will my application be denied? I tried to make the question as short and simple as possible, but please let me know if more information is needed. Thank you.

[jk]

if the laws state you must have approval of all abutting property owners, then that is what it is. You have to realize that those property owners are giving up something here so it would make sense you needed their approval.

[LAWwaldo]

Well thats the issue, some of what I read implies that I MUST have their approval while other things make it sound like it would only be "helpful" to have them sign. I probably should have made that more clear.

I just find it odd that in order to regain OUR property, we would HAVE to get the approval from our neighbors.

[flyingron]

Yep, in most cases you MUST obtain the acquiescence of all the affected land owners no matter how hard it is to get.
The property might be yours, but others have legal rights to it that you can't unilaterally take away.

[LAWwaldo]

Thanks for the help guys. I can sense its going to be fun times ahead...