If the housing market in California is an indicator of anything, it’s that everyone wants to unlock the American Dream with keys to a house they can call home. Home ownership is a core feature of the American Dream—a milestone that symbolizes more than its physical traits. A home offers warmth, comfort, stability, and privacy.
When disputes emerge about property ownership and rights, the issue extends beyond the question of what an individual legally owns. Having to fight for something that belongs to you affects how you feel about the boundaries of your personal space. It’s not just about contracts and legal documents that have your name on the land and structure you live upon, but the resources you’ve poured into it. It’s about the journey of blood, sweat, and tears that you have had to endure in order to become a homeowner.
Everyone Wants A Slice Of The Dream
In densely populated neighborhoods or areas where individuals or entities require access through a portion of another person’s property, easements arise. Examples of easements include neighbors accessing shared paths, utilities corporations installing power lines, or the local government installing components of publicly necessary infrastructure.
An easement grants a party the right to travel through a specific part of a property that belongs to someone else. Easement is an important topic to understand under California property law, especially in areas of high value land.
The issue with easements, especially ones that have been long held, is that disagreements and disputes tend to arise when terms or communications about the easement are unclear.
Residents in Huntington Beach have been embroiled in an easement disagreement with the Orange County Sanitation District over an easement through their homes.
Decades after one Huntington Beach resident had obtained permits from the city to install a pool on his purchased property, he was notified by the Orange County Sanitation District that they needed access to “a 30-foot easement in the back of his property, which contains a sewer pipe.” The resident claims that the Sanitation District had not otherwise communicated with him prior to seeking to enforce the easement.
Muddied Waters
A house with a pool is seen by many to exude the American Dream even further than one without. Owning a house with a private pool is generally seen as a status symbol that reflects the financial success and wealth of the homeowners. The vast size of a pool adds elegance and sophistication to the property, which directly translates to higher property valuations.
Not only is having a pool in your backyard a luxury in and of itself, but having the time and leisure to enjoy the pool is a luxury many Americans aspire to afford. A pool expresses the fact that you not only have money, but also the option to take the time to spend it on things you enjoy.
While the waters of the pools of Huntington Beach may be clear, the easements on the land may be muddied.
“City Atty. Michael Gates said the language of the easement document itself is sloppily worded and overly complicated.”
The clear blue water of a pool also contrasts the water which the Sanitation District wishes to manage the flow of through the easement, to the dismay of the residents.
Easement Disputes In Real Estate Law
If you find yourself at odds with another party over an easement, it is crucial to consult with a real estate attorney promptly. For questions about property disputes, you can call Villasenor Law Offices today.
Villasenor Law Offices
12396 World Trade Dr Suite 211, San Diego, CA 92128