Navigating Easem*nts: A Guide for California Property Owners (2024)

As part of some easem*nts, a driveway can be built through a person’s property for the owner to access their property or home. To avoid conflicts, checking for easem*nts before purchasing land is best.

It is possible to have an easem*nt over your property even if you own it. Easem*nts allow you to use the property for a specific purpose, though you must allow others access to it.

How an Easem*nt Works?

You may need access to portions of your property when you buy it from a nearby landowner or business. They often pass through your property to get to their property or conduct business. An easem*nt allows a person to use another’s land legally.

There are often transferable easem*nts listed on a deed or other legal document disclosed at the time of purchase. There is an easem*nt if permission has been given for a certain activity to occur.

The landowner can grant the easem*nt and record it at the county clerk’s office, or the landowner can imply it without any written action required. It becomes an encumbrance, or claim, on the land’s title once it is recorded and registered.

Common Types of Easem*nts.

Easem*nts can take several forms, including:

• Easem*nts for utilities
• A private easem*nt
• A necessity for easem*nts
• Someone’s use of the property has acquired a prescriptive easem*nt).

Can a Property Owner Block an Easem*nt?

The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easem*nt that has already existed in the property’s deed. When the property owner contests the easem*nt’s boundaries, a reputable local company in California can conduct a property survey.

How to Deal with a Property Owner who Tries to Block an Easem*nt?

The rules prohibit property owners from blocking easem*nts, but they may try it anyway. It can be frustrating in these situations, especially if the easem*nt allows access to your home. However, it would help if you remained calm since you did not want to start a physical argument with the property owner.

A lawyer or other legal consultant can advise you on what to do. Easem*nts stay active over time, so a property owner has little legal power to prevent you from using this property.

You may need to go to court if the landowner refuses to remove the easem*nt obstruction if they choose to do so.

What if the Easem*nt Boundaries Need Clarifying?

When a property’s easem*nt boundaries are unclear in the deed, a landowner might attempt to justify blocking the easem*nt. This could be especially troublesome since court cases often result from these situations. It would help if you always had an experienced legal team to do all the research you need about the property.

Can an Easem*nt be used Illegally?

People can access woods, lakes, or anything else you have nearby by using an easem*nt in your yard. It is best to contact the authorities about any illegal easem*nt use that runs through your property rather than dealing with it yourself. Avoiding dangerous situations is important.

If someone uses your easem*nt illegally, consider hiring an attorney. This could prevent future instances of people using your easem*nt illegally.

Hiring an attorney is a good idea to identify hidden issues with the property since real estate law and easem*nts can be tricky. You should decide if you can live with an easem*nt or should walk away from the property if it comes with one if it comes with an easem*nt.