Legal Question in Real Estate Law in California

Re: Easements

Regarding your question about two easements

located on the same location, you've posed a very

interesting question. I know of no specific

prohibition against granting easements to

different entities over the same strip of

property. But, and this is a big but, you need

to be very careful about how the two easements

may interfere with each other.

You need to remember that an easement is a grant,

by you to another, of a right to make a certain

use of a portion your property. As owner of the

property, you have a duty not to interfere with

the use for which the easement is given.

Suppose the owner of the utility decides to do

repair or other construction work on the easement,

which interferes with the strip's use as a riding

trail? Who does the HOA complain to, or worse,

sue for interference with their use of the

easement? You? The owner of the utility

easement? With the information you've given, I

don't know the answer to that question just now.

I think it would be critical to involve the owner

of the utility easement in any negotiations with

the HOA, and make sure that you have legal counsel

draft a grant of easement that protects you in

the event of a dispute between the utility owner

and HOA. I would strongly urge you not to grant

the easement until you've talked with an attorney

experienced in this special area of real property

law.

If you'd like, feel free to contact me with

additional information. I'll be happy to see if

I can give additional assistance.

Now the inevitable caveat:

The foregoing information is provided as an

accommodation only, and does not constitute

specific legal advice or a biding legal opinion

based on a comprehensive review of all relevant

documents, facts and controlling law, nor can

provision of such information be construed as

creating an attorney-client relationship.

Best Regards,

Tom Newton

Re: Easements

The answer is yes, it can be done; it happens all the time.

An easement is a non-exclusive interest in land. Two or more persons often hold rights to use the same "servient" land. (Land subject to an easement is called "servient" in legalese.)

Such joint or concurrent rights can arise in several ways. Your "utility easement" is already an example of overlapping rights--it can be used, for example, by the phone company, the power company, the water company, the gas supplier, and probably one or more cable TV providers.

Such concurrent use of the servient property often produces conflicts between the easement holders and/or between an easement holder and the owner of the servient property. Courts resolve these disputes by applying a reasonableness test to the disputed rights and duties of the parties.

In your case, the possibility of future dispute could be reduced by having the attorney who drafts the easement confer with the holder(s) of the existing easement so that the new easement does not grant rights that conflict unreasonably with the legitimate needs and expectations of the utilities.