Legal Question in Real Estate Law in California

Re: california right of way easement

This is an excellent question, that doesn't have a simple answer.

Basically, the easement allows for convenient passage, but can always be changed by usage.

If at one time there was a court decision granting easement, that decision would have to be read carefully, and probably modernized.

For example, an easement granted before the invention of automobiles that was wide enough for a horse and rider, would obviously now be wide enough for automobiles (without the necessity of court action).

Re: california right of way easement

There are a number of different type of easement rights that can be created in California. The general answer, however, is that the scope (width) of the easement is whatever has traditionally been used. Thus, if the traditional use was as a bicycle path, it would not be okay to start using the easement as a truck road. This would apply to the width, type of traffic, frequency of use, etc. If you have neighbors that don't have easement rights (because they haven't used the road long enough to become a legal right), but you want to let them continue to use it, there is a code section that lets you post a notice such that the use never becomes a true easement. Hope that gives you a general gist of some of the issues in this area of the law.