Legal Question in Real Estate Law in California

Amending / Changing a recorded easement

How can I get a recorded easement corrected or amended to match the actual property layout? There is an easement for a private driveway on my property but the builder did not put the driveway in the correct location of the easement. Without this change I will lose property.


Asked on 9/02/06, 12:47 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Amending / Changing a recorded easement

You can't change an instrument that's on the record, as far as I know at least, without a court order. The proper corrective measure is to prepare and record a new agreement between yourself and the owner(s) of the other affected property which (1) abandons the incorrect easement and (2) grants the correct easement. You will probably need both a surveyor and a lawyer to do this, but it's a relatively simple and inexpensive task for both professions.

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Answered on 9/02/06, 1:24 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Amending / Changing a recorded easement

You will have to file suit and quiet title. My office does type of work.

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Answered on 9/02/06, 4:39 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Amending / Changing a recorded easement

Is the other party hostile to an agreement? If so then litigation to quiet title is an option. 18 years experience in many California Counties. Call me directly at 16192223504.

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Answered on 9/02/06, 5:16 pm


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