Legal Question in Real Estate Law in California

Re: Description and/or Definition of Right of Way

The term, "deeded right of way," is odd; is that the term used on the deed? If it is "deeded", it is probably an easement, and access to it cannot be denied to the properties who hold the right to use the easement. Thus, you need to look at your title policy and determine which properties have the right to use the easement. Your property may be called the "servient tenement" property and whichever properties hold the dominant tenement properties are those who have the right to use that right of way. Also, even though the adjacent property owner has 100 feet of frontage, that does not mean he does not hold the right to access through your property, if he holds the easement. Presumably, when you purchased the property, the easement had already been granted to others, and you do not have the right to keep anyone who holds the easement rights from using it. On the other hand, if the term "deeded right of way" here is used to describe an actual grant deed to that land consisting of the right of way, then you and your father do not own it. You really need to take the title documents and deeds to a real estate attorney for clarification.

Re: Description and/or Definition of Right of Way

The term 'right of way' can be ambiguous, with its meaning varying depending upon the industry. Most ordinarily, 'right of way' is synonymous with 'easement,' but in the railroad industry it is common to speak of the strip of land occupied by tracks as the 'right of way' whether it is held as an easement, leasehold or in fee simple ownership.

Your power to limit use of this strip of land depends first of all upon whether you own it, with the utility companies having only an easement, or whether the utilities own it.

If the utilities own the strip of land, they are probably the only ones that can control its use.

Very possibly you are the owner, and the other parties use the strip of land under one or more easements of various kinds. An easement is a non-exclusive right to use the land of another for certain purposes. Many easements are permanent and run with the land; some do not. Most easements are created by written instruments which may delineate the type and amount of use; some do not.

Answering your question would require determining ownership of the strip of land and then the nature and extent of the easement or easements on it. Until you have a good handle on these facts, installing gates, etc. could interfere with someone's rights as easement holder (or even as owner) and you could be liable for damages for trespass -- maybe even if you are the owner!

Re: Description and/or Definition of Right of Way

I intend only to supplement the other two answers. Even though the adjacent property may not have been granted a 'right of way' or an 'easement' the tenants, on the adjacent property, use of the short cut may create an easement by this use. That's what one attorney was referring to when they said 'written or other.'