Los Angeles, CA asked in Real Estate Law for California

Q: Does the purchase of an easement give the purchaser a controlling interest in an undivided property?

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1 Lawyer Answer
James A. Greer
James A. Greer
  • Boulder, CO
  • Licensed in California

A: Easement Questioner: The purchase of an Easement does NOT, in a routine setting, grant to the new Easement-holder any rights superior to the prior Easement-holder. In other words, the Easement-holder may only enforce the rights granted by the Easement. Review your easement and the contents therein define the measure of "control" that the new holder can exercise - and always know that the "control" must be tested by "what is reasonable" and "what is the intention of the easement".

JIM GREER is an attorney licensed to practice in CA and CO and has specialized in real estate matters for the past 33 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 858.481.9006

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