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About Dick Dennis
Expertise
With more than 37 years as a real estate broker, I can solve most any problem presented. If I can`t, I do my research. Problems with mortgages, trust deeds, foreclosures, odd ways of conveying titles. Most any good Realtor can answer questions satisfactorily, but I answer questions that most cannot. Also, ask about my hard-copy newsletter.

Experience
Problem solving since 1980

Organizations
National Association of Realtors

Publications
Publishes The Landed Gentry, guest writer in Who's Who in Creative Real Estate, First Tuesday, Financial Freedom and many newspapers

You are here: Experts > Shopping > Home Buying/Selling > Buying or Selling a Home > Access Easement

Buying or Selling a Home - Access Easement

Expert: Dick Dennis - 10/29/2009

Question
Hello,

Our family has 6 acres of land that has deeded a 1/2 mile x 60 foot easement to it. That 'lane' was named after our
parents and we've been using it for 30+ years. Recently the other land owner rezoned his land into 10 parcels and
our lane goes right through the middle of all of them. He put in a paved 2 lane road off to the side naming it
something else. They literally run side by side. Now he's asking us to give up our deeded easement and to use the
public road.

Will we be forced by a judge to give up the family lane and use the public road or do we have
some leverage where we might profit from our position? We'd prefer to keep using our deeded
easement but we could be persuaded by renaming the new road and some cash.
(the land is in California. He's asking around $120K for each of the 10 parcels)

Thanks for your time,
Chris

Answer
Yes, it does seem like you are in a positive bargaining position, Chris, however, you could abandon your easement in favor of having him deed you one of those 10-acre parcels or something else that would be acceptable to you and the other property owner. In any case, do not try to be cute in this matter. Get yourself a knowledgeable local REAL ESTATE attorney to negotiate this whole matter, especially to protect your interests. You should be aware that most likely your easement was deeded to your family because you have (had) a land-locked parcel. Once a public road is created and you have easy access to your parcel, the easement really becomes useless and what you are really doing is just trying to preserve your family's name on that easement. Yes, you could negotiate renaming the new road to a name that would satisfy you. If you are standing in front of a judge, that means you did not hire an attorney or hired a poor one. You really should not end up before a judge in this matter. In fact, it could be very amenable where everybody is satisfied with a knowledgeable real estate attorney. I do wish you well.

Dick Dennis
California Broker since 1971
dixiedee13@aol.com

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