Legal Question in Real Estate Law in California

If I lease my commercial property, will the tenant have rights to my easement with my neighbor? If so what’s the CA law?

The easement was established long time ago. The easement is used to access the property. Will I (the landlord) still have access to the easement even if I don’t need it?

And what happens if I sell my property instead of lease it? Am I also selling the right to the easement?


Asked on 11/28/22, 10:20 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

It depends on the terms of the easement. Generally if an entire property is leased, all the rights attached to the property go with it, but not always. As for selling, if it is a true easement and not a license, it "runs with the land." So a sale of your property sells the easement with it unless expressly excluded.

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Answered on 11/29/22, 10:12 am


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