Legal Question in Real Estate Law in California

I have a deed road easement that has been blocked by a locked gate. What do you advise as my next action?


Asked on 3/26/14, 10:31 am

1 Answer from Attorneys

If you got title insurance when you purchased the property that is served by the easement and the title insurance covered the easement, OR if the easement wasn't mentioned but your parcel is land locked without the easement, the first thing to do is tender a claim to your title insurance company. If you have no title insurance, then the first thing to do is take your title and escrow documentation from when you acquired the property, and any other documents if any that reflect the easement, and bring them to an attorney who is knowledgeable about land titles and easement disputes. You want legal confirmation of your easement rights and legal guidance in dealing with the gate. Self-help such as cutting locks or removing gates without proper legal advice can get you in a LOT of trouble, especially if it turns out there are problems with your access rights.

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Answered on 3/26/14, 11:25 am


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