Easement for Driveway Ingress and Egress

[ddandie7]

What is the name of your state? California

I own a steep, narrow lot. The ONLY way to place a driveway on my property (according to the city) is to get an easement over a portion of the
land designated as a private roadway adjacent to my lot but which is
in fact not paved or used as a roadway (unimproved land with rocks and trees). The owner has granted me the easement for $2,500 which in the long run I assume is cheaper and easier than trying to get a variance from the City. My question is how can a get a copy of the legal description for the land I plan on using as my driveway since it is designated as a roadway on the recorded map, but, as I said, it is unimproved land? The entire roadway is private. My lot is at the end of one subdivision (by name), and my neighbor's lot is the beginning of a new subdivision (by name). Very confusing!

 

[nextwife]

You need to hire a surveyor to set out a legal description of the land for the easement

and

obtain a title search of that (part of) the neighbor's property to be certain ALL affected parties join in, that you have clear evidence of who is in title, who the lienholders are, and that there are not already any other legal easements across that piece that might affect your plans for it..

and

use an attorney to be certain it's drafted correctly, properly executed and notarized and in recordable form.

 

[HomeGuru]

I agree. Good call.

 

[ddandie7]

Thank you for the reply. I wll hire the firm who did my topographic map to do the legal description, hire a title company to do the title search, hire an attorney to write the *$#% easement, pay the roadway owner his requested ransom, have a drink, and call it a day.

 

[nextwife]

BE happy he's willing to provide the easement. You'd be sitting with an unbuildable lot if he weren't.

Good luck.

 

[HomeGuru]

and good drink.