Legal Question in Real Estate Law in California

My neihbor behind my property has a deeded right of way across my land. By mutual agreement we want to move the deeded right of way. Do I need to file two papers with the county, one granting the new deeded right of way and another that he abandons the old? Can the new deed simply state this replaces the old or that it is an adjustment to the old right of way (we are moving it 30' east of where it currently is).


Asked on 1/22/17, 8:09 pm

1 Answer from Attorneys

The proper way to handle it so that there is no confusion to title examiners that might hold up sales of either parcel in the future is to record one deed abandoning the existing easement and another granting the new easement. While you COULD craft a legally effective document that does both at once, there is little benefit and significant any potential downside to doing it that way. I also highly recommend you have someone who understands legal metes and bounds write the legal description of the new easement.

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Answered on 1/22/17, 9:05 pm


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