Easement rights

[marcocali]

I recently purchased a California home at the end of a cul-de-sac. Along with the the lot upon which my home sits, I also obtained an easement from the adjacent (and vacant) lot for ingress and egress. The easement is necessary to reach the cul-de-sac from the house. The easement was originally granted to a prior owner of my home in 1971. This owner had built a carport on the easement and brick stairs which climb the hill on the easement at or around the time the easement was granted. Recently, the adjacent lot was sold and the new buyer and his contractor knocked on my door and advised me verbally that they intended to tear down the carport and dig up the stairs so they could build a driveway (on my easement) leading to the new home they planned to build on the adjacent lot. They said they would reimburse me "at cost" the amount I would have to spend to create a new access to the cul-de-sac. Can they do this? I hope to keep my brick steps and carport.

 

[HomeGuru]

I recently purchased a California home at the end of a cul-de-sac. Along with the the lot upon which my home sits, I also obtained an easement from the adjacent (and vacant) lot for ingress and egress. The easement is necessary to reach the cul-de-sac from the house. The easement was originally granted to a prior owner of my home in 1971. This owner had built a carport on the easement and brick stairs which climb the hill on the easement at or around the time the easement was granted. Recently, the adjacent lot was sold and the new buyer and his contractor knocked on my door and advised me verbally that they intended to tear down the carport and dig up the stairs so they could build a driveway (on my easement) leading to the new home they planned to build on the adjacent lot. They said they would reimburse me "at cost" the amount I would have to spend to create a new access to the cul-de-sac. Can they do this? I hope to keep my brick steps and carport.

**A: what a mess. The easement should not have been built on.
Have them provide you with a survey, building plans, easement agreement etc. and their written proposal. Then take it to your attorney for review. Do not agree to anything until you know exactly what is going to happen.