Legal Question in Real Estate Law in California
Easement road on my property only used by me for 20 yrs
can others start using without my ok ????
Asked on 9/23/17, 8:05 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Can't say for absolute certainty without more facts, but in many cases and situations an easement right that isn't used for 20 years can be argued to have terminated by non-use or abandonment. Not always, as an easement can be a permanent attribute of land. A lawyer would want to inquire into the circumstances under which the easement was granted and the reasons for its non-use over the 20-year period. Also, are the "others" wanting to use the easement entitled to use it, or mere strangers?
Answered on 9/23/17, 8:48 pm