Easement Issues

[wind415]

I own an undeveloped property in California. The deed of the land grants a 20ft wide easement with a 90 degree bend. 30 years ago when the property was purchased, the easement was sufficient enough for emergency vehicles. Now the fire marshal is requiring a 28ft inside turning radius for their trucks due to the fact that the driveway will exceed 150ft. The current inside turning radius is 25ft. The only way of obtaining the extra 3ft is through our neighbor to the south. Since he does not want to see anyone develope above his land, he is asking almost $300,000 for the 3ft section that is needed. Is there any way to get around this? Can the neighbors force the land to be landlocked?

 

[seniorjudge]

Q: Is there any way to get around this?

A: Through condemnation, the government will be able to take the land at reasonable market value.



Q: Can the neighbors force the land to be landlocked?

A: No.

 

[wind415]

Thank you for your prompt reply. How does one initiate that course of action?

 

[justalayman]

I don;t know the status of the eminent domain laws in California but in many states, this would not be possible for the government to do. This is a private property matter and the government cannot act to alter it (as I said, in many states).

any idea how California treats such situations since the SCOTUS made their bone head decision a couple years ago?

as to can he force them to be landlocked? He isn't landlocked. He has access to the land. It is just, as it is, it is not buildable. There is a huge difference between the two. but, from a ver brief bit of research, I did not find that it is illegal to sell landlocked land in California. As to being able to sue for an adequate easement; it would depend on many factors including who the OP bought the land from; when the OP bought the land; any representations and agreements at the time of purchase and other considerations.

There may be options available to the OP but there is not enough info available to begin to answer the basic question.

best advice is to contact a local attorney that deals with real estate that has accesss to the local laws and ordinances and can advise you to any possible actions available to you.