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  1. #1
    Join Date
    May 2018
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    6

    Default Easement Claimed by a Neighbor is Not Recorded on My Title

    My question involves real estate located in the State of: California. I purchased a 2+ acre parcel and home. My title and all previous titles do not show an easement through our property. The neighbor to my north was part of my original parcel and claims his title gave him an easement 60 wide. The title reads "we are the southerly 150 in width of original lot. The easement he shows on his deed references the easement as beginning at the southerly line of parcel 2. Which I believe references our parcel." He has purchased land to his north and has road frontage for a driveway. Do I have to allow him an easement, the driveway is 10 feet wide, but the his title claims a 60 foot easement beginning at the southerly line of parcel 2?

  2. #2
    Join Date
    Aug 2013
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    144

    Default Re: Easement is Not Recorded on My Title, but on Original Parcel Division of Neighbor

    Quote Quoting 12Quailrun
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    My question involves real estate located in the State of: California. I purchased a 2+ acre parcel and home. My title and all previous titles do not show an easement through our property. The neighbor to my north was part of my original parcel and claims his title gave him an easement 60 wide. The title reads "we are the southerly 150 in width of original lot. The easement he shows on his deed references the easement as beginning at the southerly line of parcel 2. Which I believe references our parcel." He has purchased land to his north and has road frontage for a driveway. Do I have to allow him an easement, the driveway is 10 feet wide, but the his title claims a 60 foot easement beginning at the southerly line of parcel 2?
    This is really confusing to try to read.

    The part where you quote your title can't possibly be right.

    But the bottom line, if his parcel is landlocked otherwise, he probably has an easement.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Easement is Not Recorded on My Title, but on Original Parcel Division of Neighbor

    If there may be something in the chain of title that reflects a granted easement, you will need to investigate the chain of title to determine if you were adequately on notice of the easement at the time of your purchase.

    If there is nothing in the chain of title that would bind you to the language in his title, even if we assume that it references your lot, then you can argue that the grant is not effective.

    Is the sole basis of his claim of an easement the alleged grant? Should we infer that there is not, and has never been, actual use of a right-of-way through your land?

  4. #4
    Join Date
    Feb 2017
    Location
    North Carolina
    Posts
    8

    Default Re: Easement is Not Recorded on My Title, but on Original Parcel Division of Neighbor

    Quote Quoting 12Quailrun
    View Post
    My question involves real estate located in the State of: California. I purchased a 2+ acre parcel and home. My title and all previous titles do not show an easement through our property. The neighbor to my north was part of my original parcel and claims his title gave him an easement 60 wide. The title reads "we are the southerly 150 in width of original lot. The easement he shows on his deed references the easement as beginning at the southerly line of parcel 2. Which I believe references our parcel." He has purchased land to his north and has road frontage for a driveway. Do I have to allow him an easement, the driveway is 10 feet wide, but the his title claims a 60 foot easement beginning at the southerly line of parcel 2?
    Well first you have to determine if your neighbor has a valid easement. It sounds as if the parcels in question were subdivided at some point in the past? When you reference "all previous titles" not showing an easement through property is the chain of title you're referring back dated to when the parcels were subdivided or prior to that?

  5. #5
    Join Date
    Aug 2013
    Posts
    144

    Default Re: Easement is Not Recorded on My Title, but on Original Parcel Division of Neighbor

    Just as a point of clarification, I don't think servient estates normally show easements on the title. The easement is found through a title search, but is a separate recorded document and is not actually reference on the title.

  6. #6
    Join Date
    May 2018
    Posts
    6

    Default Re: Easement is Not Recorded on My Title, but on Original Parcel Division of Neighbor

    In 1968 then owner divided neighbors parcel one and kept our parcel. The neighbors title parcel description reads "except for the southerly 150 feet" (us) having an easement beginning at southerly line over owners remaining property.

  7. #7
    Join Date
    Oct 2006
    Posts
    15,683

    Default Re: Easement is Not Recorded on My Title, but on Original Parcel Division of Neighbor

    Quote Quoting 12Quailrun
    View Post
    In 1968 then owner divided neighbors parcel one and kept our parcel. The neighbors title parcel description reads "except for the southerly 150 feet" (us) having an easement beginning at southerly line over owners remaining property.
    You really need to review things with a local real estate attorney and let them give you an opinion. However, I am guessing that if the parcel was subdivided from your parcel, and was landlocked at the time, that the easement is valid. You can ask the real estate attorney whether the owner's subsequent purchase of road frontage property that abuts the property makes any difference.

  8. #8
    Join Date
    Aug 2013
    Posts
    144

    Default Re: Easement is Not Recorded on My Title, but on Original Parcel Division of Neighbor

    I still don't get the wording on the title, but regardless, yes, he has a valid easement and you have to allow him to use the easement. The fact that he has alternate access now does not cause the easement to expire.

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