Easement vs LLA ?

Post Reply
Propst
Posts: 94
Joined: Thu Apr 02, 2009 1:52 pm
Location: Southern CA
Contact:

Easement vs LLA ?

Post by Propst »

I have a client who called me to prepare a LLA.
His spacious lot is at the top of a slope and his yard area appears (I haven't surveyed it yet) to encroach onto his neighbor about 6-feet. The neighbor downslope is agreeable to the LLA, and there are no setback issues.
A title officer mentioned the possibility of just doing an easement, and it seems like a much more cost effective solution, saving several thousand dollars in fees from the city, title companies, attorneys, and myself. I just havent seen this done and was wondering what I might be missing as far as potential drawbacks, or legal ramifications.
E_Page
Posts: 2144
Joined: Thu Jun 23, 2005 6:49 am
Location: El Dorado County

Post by E_Page »

The other landowner, his lender, or his title insurer may object to an encumbrance placed upon the property. Money to affect an LLA aside, it is a much cleaner solution with respect to title.
Evan Page, PLS
A Visiting Forum Essayist
JasonCamit
Posts: 103
Joined: Tue Apr 20, 2010 8:21 am
Location: Fresno
Contact:

Taxes

Post by JasonCamit »

Also there would be a tax issue to be considered. If the grant of an easement deprives the grantor of practically all of his or her beneficial interest in said land, the grant is deemed to be a taxable sale of land.
Post Reply