Legal Question in Real Estate Law in California

I have 5 acres of land in Kern County, CA. A larg wind farm corporation wants to lease the land (and surrounding land) for 30 years. If I say no, can they 'fence' me in or must they allow access to my land?

Thanks.

JM


Asked on 10/06/09, 1:02 pm

2 Answers from Attorneys

Whether or not your land has legal access is not affected by what they do with the surrounding land. You need to look at the title records for your land and make sure there is an easment for access to your land from a public way. If there is not, you need to contact the title insurance company (assuming you got title insurance when you bought the land) and have them obtain a right of access.

The bottom line, though, is they cannot "land lock" your property unless it was intentionally landlocked in the past. If a division of the land was made that land locked your parcel, there is a doctrine of implied easement under which you can obtain access, though it will require a lawsuit to enforce, most likely.

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Answered on 10/06/09, 11:23 pm
Cathy Cowin Law Offices of Cathy Cowin

The law does not favor land locking a parcel. Title to your property may provide for a formal easement and that would quickly answer your question. Even if an easement is not recorded on title, I assume that you regularly access your property now? If so, you have a right to an implied easement because this has been a historical use.

Please note that this response is not intended to form an attorney-client relationship and is based on limited information provided in the post. Through this forum, it is not possible to provide accurate legal recommendations but only general informational comments. Please contact an attorney regarding your particular legal circumstances and for specific recommendations.

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Answered on 10/07/09, 12:06 pm


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