Legal Question in Real Estate Law in California

Re: Easement Obstruction

The neighbors must not erect or maintain buildings or other obstructions on an easement which would have the effect of limiting the easement holder's ability to use and maintain the easement. If the purpose of the easement is for an underground water pipe, the easement rights include the right to access and maintain or repair the buried pipe.

Once a building is built on the easement and tending to obstruct maintenance access, a court may or may not order the removal of the building. Although under 19th Century doctrine the easement holder probably had the absolute right to get a court to order the removal of the offending building, the possible harshness of such edicts has resulted in a softening of the rule through application of what is called the "relative hardships" doctrine.

This is an equitable principle, and can be invoked only by innocent improvers, i.e., if the building was placed over the pipe in good faith and without callous disregard for how the pipe was going the be maintained or replaced when the time came.

I suspect that a court in your case would not order removal of the building if it is an expensive home, but if it were a tool shed or shack of some kind the judge would be more inclined to order it moved or torn down. It would depend to some extent also upon whether repairs could be made by laying replacement pipe on a new easement skirting the building.

So, there will be a weighing of factors including innocence and good faith and relative hardships if this ever gets before a court.