Legal Question in Real Estate Law in California
Building on an easement
Two neighboring properties have an easement for ingress/egress across the southwesternmost portion of my lot. When I purchased my property in 1995, there was an existing concrete driveway leading to these properties. The adjacent property was purchased two years ago and the new homeowners are doing a remodel/expansion to the home. During the construction process, our relationship has become rather hostile toward each other. They moved to a condo during construction and apparently don't care how much of a nuisance their workers are to us.
Part of their plans call for replacing the driveway, which is fine condition. Do I have to allow them to do any construction on my land, even if it is just tearing out the existing driveway and replacing it? Also, do I have any liability for someone hurt while doing work on my land for the other homeowners or someone slipping, falling, etc. while accessing the other properties because of the easement?
2 Answers from Attorneys
Re: Building on an easement
Is the easement still necessary? Call me directly at (619) 222-3504.
Re: Building on an easement
A grant of an easement ordinarily includes the right to maintain and improve the easement for its intended or permitted uses. While unnecessary repairs might in theory be in excess of what is permitted, courts would give the easement holder broad latitude to decide when and how to do maintenance and repair, and it would be difficult to get an injunction or damages without convincing proof.
There is a concept called overburdening the easement; it says (for example) that an easement granted for light traffic cannot be used for heavy traffic, and so forth. However, unnecessary maintenance probably doesn't fall into this category, at least not readily.
You mention that two neighbors use the easement. Has the other user been asked to participate in the cost? Ordinarily, the users of an easement share maintenance in relation to extent of use, but I doubt that any user can be required to contribute to totally unnecessary work.
As to your potential liability, if there were an accident on the easement or in connection with its maintenance, you might be sued. You might have good defenses. Consult with your homeowner insurer to confirm coverage.
Another possible problem you didn't mention is liability to the contractors or suppliers under some kind of a mechanic's lien. Look up and read Civil Code section 3094. You may want to post and record such a notice.
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