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Quote of the Day - Once again Mr. Tate has shown a willingness to allow the project to continue. He has agreed to a temporary easement while construction of the facility is in the process. He is truly a good neighbor. - Wayne Appleby

Easements Mean What They Say, Especially Surface Easements

When you grant an easement to someone else, you give up one of the sticks in your bundle of sticks that make up the ownership of your property.  When you grant someone else an easement over your property for "parking and garage purposes" it means exactly that:  they easement holder gets to park there and build a garage on the property.

You don't lose ownership of the property; you just can't use it because there's a garage on it.

That's what happens when you grant those kind of easements, a local court ruled in a dispute over property located in Glendale between Barry Blackmore and Donna Lisa Powell and Susan Diana Schmitter.  Blackmore got the easement when he bought the property from the prior owner.  Powell and Schmitter's property was burdened by the easement, granted by the prior owner of their property (the prior owner, in both cases, was not surprisingly the same person, Richard Hunt). 

It's a little bit different than the standard type of easement your property probably has, granted in favor of Southern California Edison and Pac Bell.  Those easements allow you to use the surface of the land, but reserve the underground use to the utilities.  Here, the easement addressed what happened on the surface. 

And once you build a garage to park your car on it, the property owners of the immediately adjacent property can't use the surface area that's covered by the garage.  The easement owner has exclusive use.

Be careful what you write on paper when it comes to property.  You may give away more sticks than you think.

Posted by J. Craig Williams on 5/22/2007 at 01:59 Comments (0)


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