Legal Question in Real Estate Law in California

My neighbors have an easement on my property to access their home. They have rented the property to pot growers, which is illegal at this time in my county. Additionally, the renters have caused me problems. The landlords will not do anything about the tenants. Can I revoke my easement?


Asked on 6/15/16, 10:57 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably not. The easement is a property right, owned by the neighbor. Occasionally, a grant of an easement will contain provisions for its termination or revocation, and even less frequently a court may terminate an easement for gross misuse, but is more likely to enjoin the misuse than to terminate the easement. In any case, the owner of the property burdened by the easement does not ordinarily have any right to revoke the easement. This would require court action and case histories show it is rarely granted. You may have a remedy for the illegal agriculture, but I don't think it's revoking or court termination of the easement. Try asking for police assistance or consider an injunction request.

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Answered on 6/15/16, 10:25 pm


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