The easement is often considered a rather quaint path for getting to a property that may be set back. Much more common in rural areas, these are often small and winding quiet roads that are left unpaved, and allow one homeowner or tenant to get to their property but cutting through that of another. While this may often be an easygoing agreement between the two, easement issues can sometimes erupt in conflict.
You may not have been aware there was an easement on your property when you purchased it—or at the time you may have no problem with the neighbors traveling past quietly; however, this may have become untenable in time due to an increased amount of traffic, speeding cars or trucks, littering—or you may have decided you wanted to expand on all or a portion of your neighbor’s deeded right of way. This could be additionally complicated if the easement is deeded not to an individual but to a utilities company so they are able to install and work on lines, as well as laying pipes if needed.
If at some point you become completely fed up over the activity going on due the easement on your property and you want to terminate it, consult with an experienced attorney like Shane E. Coons. You may even find that the easement expires at a certain time. It could be that the easement is terminated when the individual with the easement deeded to them dies or if the homeowner dies, when it is no longer needed for a specific purpose (mainly industrial), or if the property requiring the easement no longer exists or the easement holder has abandoned it.
You may have any one of these easements on your property:
Easement appurtenant – The most common example of this easement would be when a neighbor has an easement through your property that serves as their driveway.
Easement in gross – Usually deeded to a cable, electrical, water company, or even a railroad, this easement is meant to allow for industrial work or transportation to be completed.
Prescriptive easement – This type of easement usually causes the most disruption, when a neighbor creates their own easement without telling the homeowner, and may in some cases even file a quiet title action on the area of land they have begun using.
Call our office for help to find out more about California’s laws regarding easements. Let us review your case and assist you in finding the quickest resolution possible. Please call Shane Coons now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com.