Does "south 3 ft." on my prop deed create an enforceable easement? Does that create an easement for 3 ft. or the entire length?

Asked about 1 year ago - Los Angeles, CA

The property deed grants an easement stating "for the south 3 feet of said property" for conduits.

Attorney answers (3)

  1. Antoinette Cara Liewen

    Contributor Level 15

    2

    Lawyers agree

    Answered . It's necessary to review the whole legal description, not just a few words.

    DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal... more
  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree the entire legal description needs to be consulted. Having said that my interpretation is that on the southerly boundary of the property there is an easement for the benefit of (someone or entity) for conduits. The easement runs the entire length of the southerly boundary 3’ in. So, if the southerly boundary is 20’ the easement is a strip of land 3’ x 20’. Still, in any particular circumstance the description may be ambiguous and prior use or other evidence of the intent of the grantor may be important.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Michael T Millar

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . One would have to read the entire deed - and would want to know if the conduits are actually already in place to understand what was intended when the easement was created.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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