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rusnak rusnak is offline
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Join Date: Oct 2004
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I agree with the last paragraph of MRM's post above and with Randy's last sentence.

I have developed real estate in California for almost 20 years, and I deal with easements all the time.

Since I have experience with them, my first step is to call my title company, and get a "preliminary title report" which list all easements recorded on the property. You give them your property address, and I'd include the next two parcels over. It'll include deeds, easements, covenants, and liens, open property taxes, etc etc. You want to focus on the easements, and request conformed copies of the underlying document(s). Easements should be listed first. You can also have the easements plotted for you if you request an ALTA survey.

I would take that information to an attorney. With ALL DUE RESPECT TO MRM (I am not bashing you), the attorney who says it's complicated is not your guy. It's his job to make the complicated simple to understand to his client, which would be you. Have the attorney do an opinion letter as to your street access rights vis a vis the the historic use of the curb cut. Have him send this letter along with a cover letter explaining that you seek to have your access restored by the owner of Parcels A and B and that you are prepared to protect your property rights. Ask for a meeting with the property owner to discuss logical, mutually agreeable solutions to the situation. Don't go adversarial unless you have to, and there is no other resort.

Best of luck to you.
Old 05-17-2013, 01:29 PM
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