Subdivision and Existing Easements

damonh123 said:

This will be short. I live in a small private neighborhood of 6 lots (3 on top and 3 on bottom). A common driveway goes through the center of the 6 parcels. We each have easement(s) for access to our respective lots. The owner of the end lot is looking to subdivide into 3 parcels. The City planner is reviewing the plans and is not aware of the law relating to easements. My question is, will the two new parcels "inherit" the existing easement for access in their deed, or will they be landlocked? The easements state, "non-excluse easement for road and utility purposes." We all have big lots, want to keep the neighborhood as it is, and will have a traffic issue over the 11 foot drive with two added homes. As you can tell, we are trying to stop the division legally and the City can do it if the parcels are landlocked. Does anyone have specific knowledge on this?

PS, the state is California.

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damonh123 said:

I don't mean to be rude, but I have read it many times. This is an agreement written in the late 1950's. Most agreements I have seen (none "modern") do not mention transfer on subdivision. Does anyone know if there is specific law or a case of precedence on vague agreements?

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