Legal Question in Real Estate Law in California
Can an easement holder for driveway access use the driveway for other purposes such as storage of equipment or structures?
We own a rural property in California which contains a cabin accessed through a dirt driveway. This driveway passes another cabin before reaching our cabin and the owner of this other cabin has an easement to allow access to his property along the driveway. This neighbor is contemplating a construction project on his cabin to do structural work underneath the cabin to improve the strength of its footing. This process may include temporarily moving his cabin to allow access to the area. The suggestion has been made that this move might require a shift of the cabin onto our "shared" driveway. Given that ownership of the driveway is, in fact, NOT "shared," and his rights include only passage, I find this idea unacceptable. In addition, I am concerned about potential damage to the driveway that might result from passage and/or storage of heavy construction equipment and also possible damage to trees growing on our property adjacent to the driveway.
1 Answer from Attorneys
Your position seems un-neighborly to me, but it's your property and you should take actions which you deem are in the best interests of your family. I would ask for a written agreement and have your attorney hold an amount in escrow which gives the guy enough incentive to not delay or damage your property, and specifically acknowledges his understanding of what an easement is.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
