Do I have an easement?

[ToddAnisman]

What is the name of your state? California...Los Angeles

Hello-

I puchased my Home in Jan '04. I have a Hillside lot. My backyard has stone (permanent) planter boxes and a raised brick deck up on the hillside (cut into the hillside) which appears to be partially or perhaps entirely on the Next lot, which is vacant. Please note that this deck is connected with steps and landscaping to my property. The owner of this land is considering selling the land at a price that I don't think I could afford. If someone comes along and wants to build on this lot above me, do I...

A)Have an easement, thus preserving my very serene and cool backyard?

B)Have any rights, other than an easement to prevent building on top of this area?

Thanks-
-Todd A.

 

[BelizeBreeze]

Look on your deed. If you do have an easement, and that's doubtful, it will either be listed there or you may have a prescriptive easement.

What you DO NOT have I can guarantee, is anything other than where the deck is located. It will NOT extend to the land behind that.

 

[HomeGuru]

What is the name of your state? California...Los Angeles

Hello-

I puchased my Home in Jan '04. I have a Hillside lot. My backyard has stone (permanent) planter boxes and a raised brick deck up on the hillside (cut into the hillside) which appears to be partially or perhaps entirely on the Next lot, which is vacant. Please note that this deck is connected with steps and landscaping to my property. The owner of this land is considering selling the land at a price that I don't think I could afford. If someone comes along and wants to build on this lot above me, do I...

A)Have an easement, thus preserving my very serene and cool backyard?

**A: no.
******

B)Have any rights, other than an easement to prevent building on top of this area?

Thanks-
-Todd A.

**A: you do not have an easement unless there is one recorded.

 

[ToddAnisman]

Ahhh--

Ok, I think I am beginning to understand..

A)I do NOT have an Easement, simply because it's not recorded in the deed.

B)I MAY have a prescriptive Easement.

So let me explore this...

A)This deck has been in existence for over 20 years
B)The Two Previous owners had posession of this.
C)It IS open and notorius
D)Is under Title (This means that the land is Owned by a legal entity, correct?)
E)It Is hostile to the Title owner in that it may prevent Building on the lot.


Am I off base with this?

Thanks-
-Todd A.

 

[HomeGuru]

Ahhh--

Ok, I think I am beginning to understand..

A)I do NOT have an Easement, simply because it's not recorded in the deed.

B)I MAY have a prescriptive Easement.

So let me explore this...

A)This deck has been in existence for over 20 years
B)The Two Previous owners had posession of this.
C)It IS open and notorius
D)Is under Title (This means that the land is Owned by a legal entity, correct?)
E)It Is hostile to the Title owner in that it may prevent Building on the lot.


Am I off base with this?

Thanks-
-Todd A.

**A: no you are in the playing field.