My question involves an easement in the state of:CA
I own three landlocked parcels in city limits w/ multifamily buildings -10 total units- built in 1960 with a well, going dry. There is a 350 foot Road Easement from the main road referred to in my title report but no one can find the original. There are electrical poles going down this road to my properties (as well as unmarked gas lines-coming from the main road somehow). The owner of the adjacent property has never developed it and is now trying to sell it and has refused to grant an easement, I expect because he thinks it will hurt his sale. Because the well went dry in 2014 (we dropped the pump 10 feet to the bottom and have water for now) the Ca. State Water Board was ready to hook me up to the city water but can't or won't because of the lack of an easement. Can I somehow use: 1)a prescriptive easement because of the telephone easement and possibly gas lines or;2) an Easement by Necessity ? Without water of course the land is way devalued which I believe is his plan to get me to sell, with him, to a potential developer. BTW the Planning Dept. wouldn't help, just said "good luck".
I own three landlocked parcels in city limits w/ multifamily buildings -10 total units- built in 1960 with a well, going dry. There is a 350 foot Road Easement from the main road referred to in my title report but no one can find the original. There are electrical poles going down this road to my properties (as well as unmarked gas lines-coming from the main road somehow). The owner of the adjacent property has never developed it and is now trying to sell it and has refused to grant an easement, I expect because he thinks it will hurt his sale. Because the well went dry in 2014 (we dropped the pump 10 feet to the bottom and have water for now) the Ca. State Water Board was ready to hook me up to the city water but can't or won't because of the lack of an easement. Can I somehow use: 1)a prescriptive easement because of the telephone easement and possibly gas lines or;2) an Easement by Necessity ? Without water of course the land is way devalued which I believe is his plan to get me to sell, with him, to a potential developer. BTW the Planning Dept. wouldn't help, just said "good luck".
Use and Enforcement: Easements-Three Landlocked Parcels and No Water
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