Encroachments v. Easements - 4Malibu.com

 

 

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The Malibu Real Estate Resource Guide

Malibu California Real Estate ׀ Malibu Homes for Sale & Lease ׀ Malibu Land

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Encroachments v. Easements

 
An encroachment is an unauthorized entry upon land of another, whether or not an obstruction is placed on the land. An easement is the right of a non-owner to use your land for a particular purpose. Here are some examples:
 
Lets say your neighbor has a small storage barn located at the back of his property close to yours. The roof of this barn hangs over the structure by several feet and subsequently hangs over his property line onto your property. Your neighbor would be encroaching onto your property. You may have a great relationship with him or her, but it is important to acknowledge the encroachment just the same. Why? Because there could be liability issues. It is possible that you and your neighbor may have been unaware of the exact boundary lines of both properties. If this is the case, get a title policy with extended coverage to determine where the boundary lines are. The title company may have to hire an outside service to look specifically for these types of issues. In some cases, there may be a recorded survey detailing the encroachment. If not, you can prepare a Letter of Awareness. In this letter, the owner agrees to maintain the encroachment (in this case, the storage barn and roof) and holds you harmless from any damage that may be caused by it. In turn, his neighbor, (that would be you) confirms there are no claims on his property and agrees that the encroachment can remain where it is. This contract must be signed by both parties and recorded in land court or the regular court system. It is intended to be a permanent remedy and is binding to future owners.
 
Regarding easements, they are mostly commonly used for the benefit of others and are usually unavoidable. For example, you may own a home located on the beach, and it would be necessary to have an easement through your property for the general public to access the beach. Another example would be having a neighbor that needs to use part of your driveway to get to their home. The shared use of the driveway would require an easement through your property. Easements can be underground, overhead, permanent or temporary.

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Bobby Lehmkuhl ׀ Bobby@4Malibu.com ׀ 310.365.7696 ׀ Broker Lic. #01457517

Danielle Dutcher ׀ Danielle@4Malibu.com ׀ 805.341.8769 ׀ Broker Lic. #01463653

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Material discussed is meant for general illustration and/or informational purposes only and it is not to be construed as tax, legal, or investment advice. Although information has been gathered from sources believed to be reliable, please note that individual situations can vary, therefore, please consult a professional for specific advice.

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