Understanding Easements: What Every Property Owner Needs to Know

Easements are a crucial but often misunderstood aspect of real estate law. They grant one party the right to use another’s property for specific purposes, such as access to a road, shared sewer lines, or utility maintenance. While easements can benefit both property owners and the community, they are also a frequent source of disputes, particularly when one party seeks to limit, expand, or terminate the easement’s use.

What are Easements?

There are different types of easements, but the most common include access easements, which allow someone to pass through another's land, and utility easements, which grant public or private entities the right to maintain infrastructure. Some easements are created by express agreement and are recorded documents, while others arise by necessity or through long-term use, known as prescriptive easements. Regardless of how they are established, disputes often arise when property owners disagree on the scope of the easement, who is responsible for maintenance, or whether the easement still serves its intended purpose.

Easement disputes can become particularly contentious when one property owner blocks access, builds structures that interfere with the easement, or disputes financial responsibility for shared infrastructure. California courts have consistently held that a property owner cannot unreasonably interfere with an established easement. For example, in Warsaw v. Chicago Metallic Ceilings, Inc. (1984) 35 Cal. 3d 564, the court ruled that blocking an easement constituted a wrongful act, entitling the affected property owner to legal relief. Similarly, in Applegate v. Ota (Ct. App. 1983) 146 Cal. App. 3d 702, the court reinforced that once an easement is created, the servient property owner (the owner whose property is subject to the easement) cannot take actions that obstruct its intended use.

Despite the potential for litigation, many easement disputes can be resolved outside of court through negotiation or mediation. Resolving these issues efficiently is often preferable to a lengthy and costly legal battle.

If you're dealing with an easement dispute, understanding your rights and obligations under California law is crucial. Reviewing property records, communicating with the other party, and seeking legal guidance early can help prevent unnecessary conflict. In some situations, a quiet title action may be necessary to formally establish or terminate an easement. Whether you're looking to protect access to your property or concerned about how an easement affects your land, legal guidance can help clarify your options and work toward a resolution.

Contact A Real Estate Litigation Lawyer Today

At Zacks & Freedman, PC, we specialize in real estate disputes, including easement conflicts, boundary disputes, and access rights. If you have questions about your property rights or need assistance resolving an easement issue, Contact us at your convenience to request a consultation.

Neither this website nor this post are intended to create an attorney-client relationship.