What is the name of your state? California
Last year I purchased a 5+ acre lot with a home in a rural part of California. On the western boundary of the property is an adjoining 5+ acre lot also with a home. On that western property line (that runs 571.40 feet) is a dirt road that our neighbor uses as his
driveway. At one point this driveway crosses over onto my property by about 40 feet (to avoid large boulders and a small
drainage ditch) then turns back onto the neighbors lot and runs up next to his home into his parking area. In fact I did not know that the driveway crossed into my lot until I started to make plans for a fence about 8 weeks ago. This week that home is being sold to some new people, and they came over to speek to me about an easement they found in records. They had with them a Grant Dead with a map that showed the easement surveyors markings.
The new people said that they had a hard time finding this Grant Deed in county records, and they feel that the Grant Deed is for
the 2 lots to use the easement, but I feel they are mistaken and it only applies for use of one lot across the other. The deed is
worded like this.
Assessor's Parcel No. xxx-590-xxx-234-0 (My Lot)
Recording Requested by
Name of Title Company
Grant Deed
For a VALUABLE CONSIDERATION receipt of which is hereby acknowledged.
SUB DIVIDER ASSOCIATES, L.P. a California limited partnership
Hereby GRANTS to
John Q. Public, A Widower
The Following described real property in the unincorporated area of the county of XXXXXX, State of California.
Lot Number 01, as delineated on Map entitled "GENERIC ESTATES" filled Feb 27, 1986 in the Office of the County
Recorder... as map #6661
TOGETHER WITH AND RESERVING THEREFROM an easement for public Utilities and access running over and across a
portion of Lots 01 and 02, GENERIC ESTATES Subdivision map No. 6661, XXXXXX County Records, and easement being
40 feet in with the centerline being described as following.
(EDIT)
The rest is just a description of the Suryeyor marking locations (latitude and longitude locations) that are on the map included
with the Grant Deed.
After the location discription the deed just says
THIS DEED IS MADE AND ACCEPTED UPON THE COVENANTS AND CONDITIONS SET FORTH IN THE DECLARATION OF RESTRICTIONS EXECUTED BY THE GENERIC ESTATES
ASSOCIATES. L.P., A CALIFORNIA LIMITED PARTNERSHIP. RECORDED FEBRUARY 23, 1989 AS
INSTRUMENT NO. 890855 OF OFFICIAL RECORDS.
That is all it says. Now does this say that only John Q. Public of Assessor's Parcel No. xxx-590-xxx-234-0 (My Lot) gets to use the Eassment for access? Does it say both
lots 01 and 02 get to use the easment for access?
No place does it say anything about who can make changes and improvements to the 40 feet within the easment. If this is my
next door neighobors easment, can he just cut down a tree on my property if is is within the 40 feet easment described in the
grant deed?
Thanks
GK
Last year I purchased a 5+ acre lot with a home in a rural part of California. On the western boundary of the property is an adjoining 5+ acre lot also with a home. On that western property line (that runs 571.40 feet) is a dirt road that our neighbor uses as his
driveway. At one point this driveway crosses over onto my property by about 40 feet (to avoid large boulders and a small
drainage ditch) then turns back onto the neighbors lot and runs up next to his home into his parking area. In fact I did not know that the driveway crossed into my lot until I started to make plans for a fence about 8 weeks ago. This week that home is being sold to some new people, and they came over to speek to me about an easement they found in records. They had with them a Grant Dead with a map that showed the easement surveyors markings.
The new people said that they had a hard time finding this Grant Deed in county records, and they feel that the Grant Deed is for
the 2 lots to use the easement, but I feel they are mistaken and it only applies for use of one lot across the other. The deed is
worded like this.
Assessor's Parcel No. xxx-590-xxx-234-0 (My Lot)
Recording Requested by
Name of Title Company
Grant Deed
For a VALUABLE CONSIDERATION receipt of which is hereby acknowledged.
SUB DIVIDER ASSOCIATES, L.P. a California limited partnership
Hereby GRANTS to
John Q. Public, A Widower
The Following described real property in the unincorporated area of the county of XXXXXX, State of California.
Lot Number 01, as delineated on Map entitled "GENERIC ESTATES" filled Feb 27, 1986 in the Office of the County
Recorder... as map #6661
TOGETHER WITH AND RESERVING THEREFROM an easement for public Utilities and access running over and across a
portion of Lots 01 and 02, GENERIC ESTATES Subdivision map No. 6661, XXXXXX County Records, and easement being
40 feet in with the centerline being described as following.
(EDIT)
The rest is just a description of the Suryeyor marking locations (latitude and longitude locations) that are on the map included
with the Grant Deed.
After the location discription the deed just says
THIS DEED IS MADE AND ACCEPTED UPON THE COVENANTS AND CONDITIONS SET FORTH IN THE DECLARATION OF RESTRICTIONS EXECUTED BY THE GENERIC ESTATES
ASSOCIATES. L.P., A CALIFORNIA LIMITED PARTNERSHIP. RECORDED FEBRUARY 23, 1989 AS
INSTRUMENT NO. 890855 OF OFFICIAL RECORDS.
That is all it says. Now does this say that only John Q. Public of Assessor's Parcel No. xxx-590-xxx-234-0 (My Lot) gets to use the Eassment for access? Does it say both
lots 01 and 02 get to use the easment for access?
No place does it say anything about who can make changes and improvements to the 40 feet within the easment. If this is my
next door neighobors easment, can he just cut down a tree on my property if is is within the 40 feet easment described in the
grant deed?
Thanks
GK
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