Right of way easement

[Pete Harper]

I have a complicated legal easement issue in California. I own a lot that is land locked. Researching the history it had legal right of way in the 1940’s before the state highway was moved. We border the old state highway right of way. Caltrans has given me a five year zero dollar lease to the old highway as a temporary measure. We’ve been going back and forth for over a year. The issue is there is a 2nd land owner between the old highway and the new highway. He owns a shared gate that blocks the old highway. I looked up 2nd land owners deed at the county and see when the lot was created in the 1940’s his predecessor gave a legal easement to the gate to Caltrans between the old and new highway. Caltrans has agreed to provide me a legal right of way across the old highway sharing their easement across 2nd land owners lot. However the 2nd land owner is objecting to giving me right of way across his property. Can Caltrans transfer their right of way across his property?

This may be too complicated for the forum. If someone has a good California attorney they can suggest that would be most appreciated.