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City owned land which was donated in perpetuity is in front of my house. I need to cross it to enter my property and front door

San Diego, CA |

I have access to my property from another street where my garage enters/exits. My question is what legal rights do I have specific to the ADDRESS of my home. The front door is facing the street and in between is the cities land. As the city blocks my access to the address in theory, do I have a legal access path right or something to that effect? My water meter is actually on the city land.
I am trying to buy the property and the city would like to sell, however, the dedicated in perpituity language is an issue. There may be easement options they will discuss.
Ultimately my goal is to utilize the land as part of my property. Any suggestions as to how to legally approach the city of San Diego to work with them to accomplish said goal? Thank you

Attorney Answers 1

  1. Well, there are a few issues here but it is difficult to give good advice since we don't have all the facts/maps/zoning/etc.

    Theoretically, if the City tries to sell the property, which was donated in perpetuity, there is probably language in there that it reverts back to the estate which donated it if the City ever tries to sell or use it for a purpose other than what it was donated for. So that could be a big problem.

    As far as the potential easement goes, it could be a necessary easement for access to your property but that may be hard to prove since you have access through another street... You'd really need to find an attorney who can look at all the different options and help you make the best decision.

    Good luck!

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

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