Legal Question in Real Estate Law in California
Deeded Easements
Land we purchased 3 yrs ago came with a deeded easement to one neighbor only. His easement states that it could be 50 ft wide although it has been 1/2 that width for more than 20 years. The 1st 200 ft of the easement is within 75 ft of our home on a hillside and major excavation would be required to widen it. We already have a issue with dirt and dust. This is remote, isolated mountain land surrounded by BLM and US Forestry land, accessed by miles of dirt road that is less than 20 ft wide. Does the easement owner have the right to widen the easement at any time? Also, our property came with a gate at the entrance to his easement and was kept closed by previous owners including the installer of the gate who was here before the easement owner. We want the gate kept closed and locked as it leaves our property wide open otherwise. Do we have a right to require or demand that the gate is kept closed and locked as long as we don't obstruct the easement owners useage? We of course have given him a key. Thank you, Amber
1 Answer from Attorneys
Re: Deeded Easements
This is a rather complicated area of the law, and a thorough review of the easement document as well as an understanding of the history of the properties, would be necessary to provide a complete response to your post.
However, in general, keep in mind that the terms of an express easement will control, and in general, the courts give great weight to the terms of an express easement. So if the easement grant provides for a 50 foot wide access, then that will likely control.
In your situation, you would need to determine whether the concept of changed circumstances has rendered the original purpose of the 50 foot wide easement either obsolete or subject to judicial modification.
These types of disputes generally pit landowner against landowner, as they are not resolved easily. Litigation may be necessary. You may have rights that you need to enforce via court intervention.
At any rate, if you need advise specific to your situation, please feel free to call or email. Good luck.
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