I need an easement drawn. My neighbor below my house gave me a portion of real estate to use for building upon, whether a deck

Asked about 2 years ago - Orange, CA

or other structure at my option. I would like to draw up some sort of easement or other binding document that will run with the land forever to protect my interest. How may I do this?

Attorney answers (3)

  1. Kristina Street Hatcher

    Contributor Level 12

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    Answered . You should hire a lawyer to handle this. Recorded real estate instruments are not do-it-yourself documents. The cost associated with drafting an easement is usually minimal; particularly if your attorney can do a metes and bounds legal description based on a survey which is already recorded. This would work, for instance, if you are receiving an easement over ten feet extending from her property line or something similar. If the area of the easement is irregular, that increases the likelihood you will need a new survey. You can go to the county clerk's office to find out whether there is a recorded survey (plat) of the property, individually or as a subdivision, already recorded. If there is one, make a copy and meet with your neighbor and determine the exact area he/she intends to allow you to use then highlight the area on the survey. Take that survey to the attorney along with a copy of her deed and your deed to show the names as they should be listed on the easement instrument. If you are prepared prior to meeting with the attorney, it will save you time and money. One word of caution, if there are currently recorded individual plats of your property and hers, I recommend taking both of those to the attorney just to make sure the property line matches before drafting the easement. Good luck to you.

    Disclaimer: This answer sets up no attorney/client relationship. The information provided here is done so as... more
  2. Michael Raymond Daymude

    Contributor Level 20

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    Answered . You need to retain a real estate attorney and a surveyor to identify the easement. The easement then needs to be recorded.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Paul J Molinaro

    Pro

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    Answered . Drafting the documents that create a valid easements is something that local real estate attorneys in your area should be able to do. A surveyor may be needed to properly describe the easement so that the real estate attorney can draft an accurate legal description into the document(s).

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen&Molinaro;, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
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    ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

    Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen&Molinaro;... more

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