Image 5Easements

 

A common issue involving real property involves the claim of one neighbor to hold an easement in the property of another.  Typically, particularly in Orinda and other “semi-rural” areas, these easements are for access to property which is hilly and difficult to reach.  Sometimes easement claims arise from the fact that in rural areas, the land surveying has been inconsistent, so that the neighbors truly don’t know where their actual legal boundaries are, and fences and landscaping may have been placed years ago in the wrong areas.  Sometimes a party to an easement dispute claims a “prescriptive” right to use neighbor’s property. This would mean that even though a recorded easement was never granted, the neighbor claims that use of the neighbor’s property over time has resulted in the legal right to continue that use.  However, California law has been quite clear in the last several years that one cannot acquire an exclusive prescriptive easement in the land of another. This means that a use which will not allow the neighboring property owner to also make use of his or her own property will not be allowed.

Victoria can work with the parties to understand what the scope of the easement actually is, and what the obligations are with regard to the easement.  For example, an easement that was originally granted to allow access by one family to a single family residence, cannot be “surcharged” without agreement, meaning that it cannot be expanded to become a four lane highway!  It is also important for the parties to understand what the maintenance and repair obligations of the parties to an easement are. Victoria will work with clients to protect their property interests and the value of their real estate investment, and in drafting Easement and Maintenance Agreements to resolve current issues.

  • Easements
  • Buying Real Estate
  • Selling Real Estate
  • Commercial Leases
  • Residential Landlords
  • Title Issues
  • Escrow Issues

Our Goal

From her office in Orinda, CA, Victoria Smith represents clients throughout the San Francisco Bay Area in buying and selling real estate, leasing and managing their tenants, title and real estate issues, and secured debt collection. Victoria finds cost-effective and focused solutions to her client’s problems.

Meeting Client Needs

Victoria represents clients ranging from institutions to everyday families trying to protect their real estate investments. Victoria’s clients include professional fiduciaries, mom and pop real estate investors, lenders, homeowners, insurance companies, and commercial property owners. In each case, Victoria understands that clients need to be kept informed about their matters and want responsive services. We provide clients with copies of all relevant documents and keep in touch promptly via phone, fax, and email.

Putting Experience to Work for Clients

With 38 years of experience practicing law in the Bay Area, Victoria specializes in Real Estate Law.  Victoria can offer her clients the knowledge and experience that she has developed in her real estate law career, including her understanding of the needs of clients as they relate to:

  • Real Estate Transactions, including Contract, Title and Escrow Issues
  • The Joint Ownership, Management and Disposition of Real Property
  • All aspects of Landlord/Tenant Relationships, including Leases, Disputes and Unlawful Detainer for residential and commercial properties
  • Real Estate Disclosures and Due Diligence
  • Mechanic’s Lien Claims
  • Resolving Neighborhood Real Property Disputes
  • Transfer of Business Interests

Victoria Smith offers a free telephone consultation regarding real estate and other contract issues.