Easements are just one of many confusing areas involving real estate law. It confers consent upon somebody over another’s property for use for specific reasons, and details related to this mainly create disputes. At the Shapero Law Firm, we assist clients with their issues related to easements, whether the problems involve types of easements in California or agreements between parties; we are here to help. We clearly explain your rights and offer firm legal support to protect those interests and assure the best possible results.
California recognizes several easement types, all of which perform different functions. Let me list the most common below:
An easement by express grant is created through a written agreement between property owners, granting rights like land access. These agreements are usually recorded in property deeds for legal clarity.
Implied easements are not expressly delineated but often depend upon surrounding circumstances, such as when a property sold cannot be reached without traveling over land the grantor has retained.
Easements, which California courts often establish, are necessary because they allow access to landlocked properties, ensuring owners can reasonably reach their land.
Prescriptive easements occur when someone uses another’s land openly and continuously without permission for at least five years, such as a neighbor using a private driveway without objection.
These are usually created by written agreements, necessity, continuous use-prescriptive easements, or court orders. They will be correctly established and maintained with due documentation, clearly defined terms, and the right legal advice.
Easement disputes are unfortunately common and can lead to significant legal battles. Here are five frequent issues property owners face in California:
When one party blocks access to an easement, disputes can escalate quickly. A common issue is installing a gate or fence that stops neighbors from accessing their land.
Who is responsible for maintenance? Generally, all parties benefiting from an easement should share maintenance. Disagreements over the extent of maintenance or unequal cost can also arise.
Conflicts can arise from one party more than legal use, including allowing commercial trucks if the easement is vehicle right-of-way. Therefore, the agreement terms must be transparent about what uses shall be allowed.
A common issue is property owners building structures on easements, interfering with their intended use and often leading to litigation.
Overusing an easement by the benefiting party, such as allowing multiple households to use a supposed driveway for one residence, simply becomes overburdensome on the property owner’s property and can cause disputes.
Easements can complicate property rights and responsibilities and sometimes become a tricky legal issue. A real estate lawyer can help settle your rights, set agreements, and solve disputes. In California, mediation to find an answer with the least expense often initiates the process of resolving such easement violations. If mediation fails, arbitration tends to hasten a binding solution. The last resort may be litigation, which could entail solid evidence and skilled legal support.
While California provides clear legal parameters for the management of easements, California Civil Code § 845 more particularly explains the parties’ responsibilities for maintenance and the potential for cost-sharing agreements. Local courts differ on whether to use mediation, arbitration, or litigation to ensure threats are solved orderly and fairly.
Avoiding costly easement disputes:
Easements can complicate property ownership, but you do not have to go through it alone. Shapero Law Firm concentrates on real estate litigation, including disputes involving easements. Whether you are trying to create, defend, or resolve an easement, we can help. Call us at 213-394-6031 or visit 633 West 5th St., 28th Floor, Los Angeles, CA, 90071, for a consultation. Let us be your protection.
With over a decade of litigation experience, Attorney Sarah Shapero, founder of Shapero Law Firm, has secured seven-figure jury trial wins and saved countless homes from foreclosure. A Super Lawyer and Lawyer of Distinction, she brings expertise in foreclosure, employment, and bankruptcy law, practicing in California and federal courts.
Trust her proven track record and commitment to delivering powerful legal results.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Sarah Shapero who has more than 10 years of legal experience as a real estate attorney.
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