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Remove Easement?

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NewCountryGirl

Junior Member
What is the name of your state? California

We moved here 2 years ago. Our title docs show a 25 ft easement, with 12.5 feet each shared by ourselves and our neighbors. We refinanced 1 year ago, and received duplicate copies of property lines. About 3 years ago, neigbor's father passed away, and his daughter became owner of property. She says "she doesn't grant easement rights." Can she unilaterally remove them? Wouldn't we receive some sort of formal notification? We'd actually be ok with the removal, because then we'd move our fence out 12.5 feet. What agency do I contact to clarify this issue?
 


BelizeBreeze

Senior Member
Tell your neighbor you'd like to be a fly on the wall when she tells a JUDGE that.

She is full of crap. The easement goes with the deed unless EXPRESSLY abandonned by the grantee, which, for her 1/2 would be you.
 

NewCountryGirl

Junior Member
Update

We used the easement last night, and received a call this morning from the owner instructing us to "stay off my property or I'll call the sheriff." This just got sticky. She believes she owns the entire easement, but our paperwork reads otherwise. Where do I go to get to the bottom of this? County Records?
 

HomeGuru

Senior Member
NewCountryGirl said:
We used the easement last night, and received a call this morning from the owner instructing us to "stay off my property or I'll call the sheriff." This just got sticky. She believes she owns the entire easement, but our paperwork reads otherwise. Where do I go to get to the bottom of this? County Records?

**A: when the sheriff comes, show him/her the legal docs that indicate the easement.
 

nextwife

Senior Member
Your title policy should contain a copy of the easement. If not there, yes, the RODs office has it.

FYI- She doesn't need to grant the easement rights. It's not up to her any more to grant or not grant. They were already granted and will run with the land in perpetuity, until abandoned voluntarily.

You may want to advise the sheriffs office of the call from her, fax them the easement in advance, so they have a record that you have provided proof of your easment rights. Then stand there and watch her face when she calls them over this and they either tell her over the phone, or come and tell her in person that she has no right to interfere with use of a valid easment and that this is not a police matter..
 

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