Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Neighbors & Boundaries

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-09-2009, 11:37 AM
Junior Member
 
Join Date: Sep 2009
Posts: 1

River access


What is the name of your state (only U.S. law)? California.

We just bought a piece of land on the Russian River. A neighbor who has a rental property (daily/weekly) uses our property to let her vacationers get to the river. Is there an easment? What should I do so one is not created?
I don't really mind (Too much) But I want to keep my rights.
  #2  
Old 09-09-2009, 12:43 PM
Senior Member
 
Join Date: Apr 2002
Location: snowland
Posts: 6,836
How many years has the neighbor been crossing your land ? AND is there any thing at all in your title that reflects a easement being given to the the neighboring property to use your land as a access to the river? IF your documents show nothing at all then its time to see a real estate atty to double check to make sure there is no recorded easement anywhere and to send the neighbor a letter telling her that she doesnt have the right to cross your land and anyone caught on it will be treated as tresspasser. If neighbor wants to challenge it , one arguement worth making is that she is not living in the unit herself but using it as a short term vacation rental as a business. You also need to speak to the real estate atty about your liability risk when these vacation renters are crossing your property and also talk to the atty about other possibilitys like if you have enough land perhaps you might consider selling to her a foot path width of land on one side of your property that can OR at least granting to her written permission to use the strip you dedicate for her use OR even renting to her the strip so that way your lease would be able to dictate that she must have some type of ins to cover tenant injury. This way too you would be able to fence in the strip o keep others off of the rest of your property and also a atty could help write in restrictions if you didnt sell but offered to lease a strip to her that could address boats ,docks , attempts of tenants to drive on your property ETC. This is a situation that is not a do it your self one but one that truly warrants getting the advice /services of a atty in order to best protect your interest ASAP other wise the longer you wait to act its possible she might start the legal battle and could go to the court system and end up costing you more money than you care to spend.
  #3  
Old 09-09-2009, 02:43 PM
Member
 
Join Date: Mar 2008
Posts: 412
All good advice.

Also check with the previous owner to see if she/he gave permission for them to access the river.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:06 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.