caryc said:
Jimbo357mag said:
If they own the street, why do they have to maintain it? Or why do they have to give anyone else access to it?
Do they not have public easement laws in San Francisco? Here in southern Calif. when you buy a piece of property, you have to give easement rights to access it for the utility companies to maintain their equipment.
Hi,
Cary, I think you're talking about two different kinds of easements. The first, for the utility company, probably goes back to the first telegraph line that crossed private property, if not further and is most likely pretty universal throughout the country. The second, which is part of CA real estate law, though I don't know about other States, is that you can't landlock a property owner. In other words, he has to have some kind of ground access to his land. In many cases, that means another property owner has to allow the first one to cross his property for the purpose of getting to his own.
That easement is for passage only as explained decades ago by my real estate instructor long ago. It doesn't give the "nearly landlocked" property owner any additional rights, such as parking. I'm sure there will be arguments from the homeowners based on this concept.
Ok, that part's simple enough. Then we run into another kind of easement, which allows persons passage across private property if they've been crossing it unimpeded for a certain amount of time. For example, you have a corner of your five acres that's near the school bus stop, and every day the kids cut across it on their way home. If you don't "protect" your right by posting it, fencing it off or somehow otherwise preventing the kids from passing every so often within the statutory time limit, they can claim a prescriptive easement which you are stuck with. And, much to your chagrin, you have to let them use that corner as long as they wish. Some part of that concept could also be argued by the homeowners.
I'd imagine that since the piece(s) of property involved in the OP's story involved has/have been used for so long, in so many ways, some real estate attorneys will end up having a real ball sorting this thing out, at homeowners' expense, of course! I passed the story along to my brother, who recently retired after about 35 years with the County Assessor's office, and he got a chuckle out of it. Then he went on to tell me this stuff isn't uncommon, and is usually the result of not spending one's money wisely on a good attorney in the first place. He said most of these things end up being the result of someone not dotting an "i" or crossing a "t." And then they get costly...
Rick C