Legal Question in Real Estate Law in California
I have an easement on my property for my neighbor to access his residence. He has now rented the property to pot growers. There are people coming and going all the time, heavy equipment(backhoes) being driven on the easement. Additionally, they drive and park on my landscaping. Not only is the asphalt roadway being damaged, they are damaging my landscaping and irrigation. The tenants have been an ongoing problem and I have had to call the sheriff numerous times. Can I revoke the easement? As a matter of reference, my home is listed for sale for $749,000. They are also tearing down the neighborhood.
2 Answers from Attorneys
Easements are hard to revoke. Generally you must sue for damages due to misuse of an easement, rather than expect to be able to revoke it. You may also be able to get an injunction against abuse of the easement, again more easily than revoking it. Your situation is, however, one in which it MIGHT be possible to expunge the easement entirely. An evaluation of that possibility would have to start with a review of the title documents and then the specific details and evidence regarding the misuse of the easement. You will need to consult with an attorney directly for that.
You, acting alone, cannot revoke the easement unless the original grant made it revocable, which would be unusual. Courts can, and In rather rare circumstances have, granted extinguishment of easements (i.e., court-ordered revocation) for misuse by the easement holder. See, e.g., Crimmins v. Gould (1957) 149 Cal.App. 2d. 383. The more usual remedy for misuse (legally called "overburden", which is a form of trespass) is an injunction and, when appropriate, money damages. See Keeler v. Haky (1958) 160 Cal. App. 2d. 471.
Related Questions & Answers
-
Need help with a 3 day pay or quit. I'm the tenant Asked 4/22/17, 11:52 am in United States California Real Estate and Real Property