Easements Attorney – Orange County CA

Easements Disputes Involving Property AccessEasements lawyer, Edwin Fahlen, can help you with easement disputes, encroachment issues, boundary line problems, fence issues and other similar problems involving an adjoining landowner.

Many Orange County property owners think they know where their property lines are or believe that their access rights are secure. Unfortunately, many learn that their long-held assumptions were wrong! This is even more true for the owners of hillside properties or other irregular shaped properties that have so many angles that permanent city-installed monument markers do not exist. Many of these hillside and irregular-shaped properties are recorded by “metes and bounds” descriptions. Without a land survey, a property owner may never know, for certain, where their property lines are.

When you or an adjoining property owner conducts a land survey and then discover that fences, structures, driveways are overlapping an adjoining property, a boundary disputes and easements disputes are often the result.

An easement is the non-possessory right to use another person’s real property (land) without owning (possessing) the property. The most common example is an easement that allows a landlocked property owner to use a road or pathway on a neighbor’s adjoining property to get to and from the landlocked property owner’s home.

Easements and Boundary Disputes

Orange County easements lawyer, Edwin Fahlen, has 30+ years’ experience representing clients throughout Southern California. If you have an easement, encroachment, of boundary issue, give Edwin a call.

Attorney Fahlen handles easements disputes involving shared property that exists as part of the adjoining owners’ deeds, such as a community driveways and access. Edwin also represents clients in adverse possession actions and claims of prescriptive property rights. If you are in the untenable situation where you need to obtain and access an easement to an otherwise “land-locked” property, call Mr. Fahlen at (714) 395-5605 to share your easements concern, boundary dispute, boundary line issues, encroachments, or other real estate law matter.

Easements & Encroachments

Easements and encroachments – affect the ownership and value of your land. Fortunately, disputes over encroachments and easements claims can often be negotiated without too much conflict or cost. On the other hand, there are some easements (existing or proposed) and encroachment matters where litigation is the only option you might have to protect your property rights. In encroachment and easement cases, you must act quickly, or the value of your property may plunge significantly, and your property become difficult to sell no matter the discounted price.


More About Easements

An easement grants the right to use another person’s land – while not having any ownership of the property. Besides the more visible easements like driveways across one property to a Flag Lot or land-locked property, less visible more common easements affect many Orange County property owners by allowing overhead or underground power lines, gas lines, main water lines, phone, cable, Internet cable or fiber, storm drains or main sewer lines to be constructed, accessed, or maintained on private property.

Example of Common Easement

A landowner granting an easement, or subject to an easement owns the land specified in the easement and can do what he or she chooses to do with the property, as long that does not interfere with the granted use of the easement.

How is an easement generally created?

There are four basic ways to create an easement:

  • Express Grant
  • Implied Grant
  • Prescription
  • Necessity

There are multiple ways to create an easement that under those four ways:

  • By estoppel
  • By reservation
  • By condemnation
  • By implication
  • By mutual agreement
  • By Grant (implied or express)
  • By contract in a sale or transfer
  • Driveways
  • Fences or shared walls
  • If a parcel is land-locked
  • With continued long term use
  • Through eminent domain
  • Through the court system

Dave (Active Intel) offers a good Introduction to Easements

THANKS TO DAVE and His company, Active Intel ( www.TitleSearch.com ), offers Investigations, research, title solutions, asset recovery.


Easements, Encroachments and Boundary Disputes

Orange County easements lawyer, Edwin Fahlen, offers real estate representation to residents in Orange County. Mr. Fahlen welcomes commercial and residential easement matters as well as other property-related issues, including boundary line disputes, fence issues and other encroachments.

Moreover, Mr. Fahlen handles easements disputes involving shared property that exists as part of the adjoining owners’ deeds, such as a community driveways and access. He also represents clients in adverse possession actions and claims of prescriptive property rights. If you are in the untenable situation where you need to obtain and access an easement to an otherwise “land-locked” property, Edwin might be able to help you with your negotiations.

Contact Edwin Fahlen at (714) 395-5605 for a free phone consultation or sit-down office consultation to discuss how we can help with your boundary dispute or easement issue.

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