Legal Question in Real Estate Law in California

California Penal Code 420.1 (included in full below) says ... "an infraction punishable by a fine not to exceed five hundred dollars ($500), provided that the interest to be exercised has been duly recorded with the county recorder's office".

QUESTION: IS THIS FINE OF UP TO $500 FOR A ONE TIME "OBSTRUCTION" ? WHAT WOULD THE FINE BE IF SOMEONE OBSTRUCTED YOUR RECORDED EASEMENT FOR 100 DAYS? IS THE FINE A ONE TIME EVENT OR DOES IT MULTIPLY?

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420.1. Anyone who willfully and knowingly prevents, hinders, or

obstructs any person from entering, passing over, or leaving land in

which that person enjoys, either personally or as an agent, guest,

licensee, successor-in-interest, or contractor, a right to enter,

use, cross, or inspect the property pursuant to an easement,

covenant, license, profit, or other interest in the land, is guilty

of an infraction punishable by a fine not to exceed five hundred

dollars ($500), provided that the interest to be exercised has been

duly recorded with the county recorder's office.


Asked on 9/12/14, 9:13 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I could not find any reported California case interpreting, discussing or even applying Penal Code section 420.1. There may be two reasons for this: First, infraction cases rarely make it to the Court of Appeal. Second, matters involving the rights of holders of easements, etc. vs. the owners of the property crossed by the easement rarely become criminal matters. The cops won't be interested ..... they'll say "It's a civil matter!" and drive off.

If an interference-with-easement case under 420.1 did arise, I'd think it more likely that the district attorney would treat it as a single offense, even if the easement holder was refused access for a number of days.

Overall, I'd recommend that the matter of someone obstructing an easement-holder's access and use of the easement be treated under civil, not criminal, law. There is plenty of precedent, and damages could be awarded to the plaintiff (in a criminal case, the fine is collected and kept by the public treasury, not the victim). Bring an action for interference with easement, or something of that ilk.

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Answered on 9/12/14, 10:02 am


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