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Easement Dispute

Los Angeles Easement Dispute Lawyer - Know Your Rights

Easements are a legal right to use someone else’s property for a specific purpose. In Los Angeles, easement disputes can arise when two parties disagree on the extent of the easement or the rights associated with it. These disputes can be complex, as they involve both property law and contract law.

One common type of easement dispute in Los Angeles, CA is when a property owner grants an easement to a neighbor but later wants to revoke it. In this situation, the property owner may argue that the neighbor has exceeded the scope of the easement or that the neighbour has violated the terms of the agreement. The neighbor, on the other hand, may argue that they have relied on the easement and have invested time and money into the property in reliance on it.

Ambiguity in the language of the easement agreement can lead to disagreements about the location of the easement, the rights associated with it, and the extent of the easement holder’s responsibilities. When the easement holder interferes with the rights of the property owner or other third parties. In these cases, the property owner or third parties may seek damages or injunctive relief to protect their rights.

Finally, easement disputes can also arise in the context of real estate transactions. These disputes can be particularly challenging, as they involve both property law and contract law and may require the involvement of multiple parties, such as real estate agents and title companies.

Dignity
Law
Group

Los Angeles Easement Dispute Lawyer

Dignity Law Group is a law firm in Los Angeles, CA, that specializes in real estate law, including easement disputes. The firm excels in providing high-quality legal representation to individuals, families, and businesses in Los Angeles who are facing complex easement-related legal issues.

An easement real estate dispute attorney at Dignity Law Group is experienced in handling all types of easement disputes, including those involving access rights, boundary disputes, and use restrictions. They work closely with their clients to understand their unique situations and develop effective legal strategies that meet their needs and goals.

One way we help people with easements and easement disputes is by providing comprehensive legal services that include negotiations, litigation, and alternative dispute resolution. Their attorneys are skilled negotiators who work to resolve disputes through informal settlement negotiations whenever possible. 

However, when litigation is necessary, they are fully prepared to represent their clients in court, and they have a proven track record of success in both state and federal courts.

Our easement dispute lawyer Los Angeles is well-versed in California real estate law and are dedicated to staying up-to-date on the latest developments. They provide their clients with the most effective and knowledgeable representation possible.

Types of Easement Disputes

There are several types of easements that can exist in real property, including:

  1. Appurtenant Easement: This type of easement involves two adjoining properties, where one property owner (the dominant estate) has the right to use a portion of the neighboring property (the servient estate) for a specific purpose, such as access to a road or a water source.
  2. Easement in Gross: An easement in gross is a right that is granted to an individual or entity rather than to a specific property. For example, a utility company may have an easement in gross to run power lines over a property without owning any land.
  3. Prescriptive Easement: This type of easement is acquired by the continuous and uninterrupted use of another person’s property for a specific period, which is typically between five to twenty years, depending on the state law. If the requirements are met, the person may have a legal right to continue using the property.
  4. Negative Easement: A negative easement gives the holder the right to prevent someone else from doing something on their property. For example, a landowner may have a negative easement to prevent their neighbour from building a structure that would obstruct their view.
  5. Express Easement: This type of easement is created by a written agreement, such as a deed or a contract, between the property owner and the person or entity that will benefit from the easement.
  6. Implied Easement: An implied easement is not created by a written agreement but is instead inferred from the circumstances surrounding the property ownership, such as historical use of a path for access to a property.

Understanding the different types of easements is essential in order to determine the extent of a property owner’s rights and obligations when it comes to the use of their property. Easement dispute attorneys help people in understanding everything better.

Steps to Resolve an Easement Dispute

Resolving an easement dispute can be a complex process, but there are steps that can be taken to help resolve the issue. Here is a simplified overview of the process:

  1. Identify the issue: Determine the nature of the dispute, including the type of easement in question, the parties involved, and the specific legal issues at hand.
  2. Gather evidence: Collect all relevant documentation, including easement agreements, property surveys, and any other relevant documents or evidence that may be used to support your position.
  3. Attempt to negotiate: Try to resolve the dispute through informal negotiations or mediation. This may involve discussing the matter with the other party or parties involved or working with a neutral third party to help find a mutually acceptable resolution.
  4. File a lawsuit: If informal negotiations fail, consider filing a lawsuit. This may involve hiring an attorney who specializes in easement disputes to help you prepare and file a complaint in court.
  5. Attend mediation or arbitration: If a lawsuit is filed, the court may require mediation or arbitration to help the parties reach a settlement. This may involve working with a neutral third party to help facilitate negotiations and reach a resolution.
  6. Attend trial: If mediation or arbitration is unsuccessful, the case may proceed to trial. This involves presenting evidence and arguments to a judge or jury, who will make a final decision on the case.
  7. Follow court orders: If a resolution is reached through mediation or arbitration, or if a court decision is made, it is important to follow the orders or agreement reached to avoid further legal consequences.

Working with an experienced Los Angeles easement dispute attorney, like the Dignity Law  specializes in easement disputes, can help ensure that your legal rights and interests are protected throughout the process. Call us at the Dignity Law Group without hesitation at (323) 212-5365 for a free consultation.  Our goal is to advocate for your rights with experience and efficiency.

All You Need To Know About
Rental Properties In LA

Written by Joe Kellener and David Greene based on their insight into the new age court system of rental properties and how it impacts you. This crash course in how rental properties are treated legally, both in court and out of court, and what is and what is not acceptable under the law. Whether you are a brand new property owner/landlord or renter, or you’re someone who’s been in the business for a while, you will find this guide includes the most recent changes to the laws (post-Covid19), and how the laws are adapting on the ground.

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Testimonials

They helped me with a very difficult case, I recommend them 100% it is worth paying the expenses of a lawyer, DOES NOT GO TO COURT WITHOUT A LAWYER

– Henry Yanez

Mr. Kellener and his firm was very professional and obtained a favorable settlement for me in a very timely manner. Highly recommend.

– Patrick Wood

Excellent service. Has helped me resolve a number of issues with my landlord. Always there when I need them. Thank you!

– Abby Horowitz

Called concerning a situation I’m going through, Dignity law helped very quickly with a solution and advise. Highly recommended.

– Christian Benitez

David at Dignity Law represented us in a legal action against a very difficult landlord. Our lawsuit was resolved with a very satisfactory settlement. They were easy to work with and always worked with our best interests in mind. Highly recommended.

– Kendrick Wallace

After leaving a message at their office David called me and advised how to proceed with the situation with my tenant. Excellent advice which the end result was great for my tenant and myself. Thanks, David and blessings 🙏🏼

– francisco hernandez

I loved my landlord, unfortunately, he passed away from cancer, and sold the property to a young couple before passing away, who made my life hell. Thankfully, a family friend recommended David and Joesph at Dignity Law Group. They understood me, worked with me, were reasonably priced. They went toe-to-toe with fancy ‘laguna beach’ lawyers and won. My case was dismissed, but I am definitely keeping them around for any future tenant/legal issues.

– Derek Anderson

Our Attorneys

Dignity Law Group

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team-1

Joseph W. Kellener

PARTNER

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Jessica

PARTNER

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David R. Green

FOUNDING PARTNER

Joseph W. Kellener

PARTNER

Jessica

PARTNER

David R. Green

FOUNDING PARTNER

Frequently Asked Question

Ans: Security deposits have very specific rules and regulations, and very well may be grounds for a lawsuit, but often the amount in controversy is below that of the courts our firm practice in. In Los Angeles, any dispute for $10,000 or less is brought in small claims court, and lawyers can not represent individuals in small claims court. Matters for $10,000-$24,999 are in the limited civil courts, and only some firms litigate in those courts. Matters for over $25,000 are brought in the unlimited civil courts, and the litigation is often more expensive than the amount in dispute. If you have a security deposit claim in excess of $25,000 you can contact our firm to discuss our rates and representation options.

Ans: No. A 3-day notice to perform or quit is not a lawsuit, it is not something that our law firm can take action against, as it is not a legal pleading before the court. It is also constitutionally protected speech, so unless it violates the debt collection laws (if for debt) it is often protected from any action against it. A 3-day performance or quit is a premise that an eviction (unlawful detainer) is then brought to court upon. If you perform, it is no longer viable. If the request is illegal, or untenable, then the lawsuit may fail, but in any event, our firm can not assist you if all you have received is a 3-day notice.

Ans: No. While a lawsuit may be prohibited or against a statute, the covid-protections are not magic wands. The lawsuit does not just go away, instead, the protections act as defenses that still must be presented to the court in defense of the unlawful detainer complaint. For example, if a tenant claims that he/she did not pay rent because of the impacts of covid, the truth of that defense is a question of fact for a jury or judge to decide.

Ans: Most likely no. We do not represent any tenant v tenant or neighbor v neighbor actions, however, in very rare circumstances a landlord/owner may be found liable for the criminal conduct of 3rd parties when the landlord knows of the danger and fails to take any steps to mitigate. These cases are very challenging and holding a landlord responsible for the acts pf a totally unrelated person is challenging and often not realistic.

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