Legal Question in Real Estate Law in California

Re: Easements and right of way responsibility

The answer to your question can become quite complicated. Normally,

an owner of property may exclude others from the property, even if that

inconveniences the others (including neighbors). However, your facts

may also include the potential that a prescriptive easement (an easement

earned by use of property) may have developed. If the access is the "only"

way in, then there may be a recorded easement, or sometimes the doctrine of "easement

by necessity" (which requires more than that) is applicable.

Generally, a landlord will not violate a fire code by blocking the passage

of people on neighboring property. However, this obviously cannot be

answered in the abstract and I would have to know more about the situation.

If a gate is "shared", then both parties would have the duty to maintain it. If it

is part of an easement, the declaration of easement may contain some instruction, otherwise,

the properties benefitted usually have the duty to maintain.