Legal Question in Real Estate Law in California
I have a home on a flag lot. The easement thru my neighbors property grants me ingress and egress and maintenance rights. But it says nothing else. My neighbor is a pack rat and has all kinds of misc junk stored within the easement. Yes, I can still drive my car thru the mess, but it looks like crap. Do I have the right to insist he keep the easement clear? Would I need come kind of court order?
The property is in Napa County, California. Thank you!
1 Answer from Attorneys
This is a grey area. Since you are benefited by the easement, you are the dominant tenement, and the other property is the servient tenement. The owner of the servient tenement may not take any action that obstructs or hinders your lawful use of the easement. But cosmetic issues of the easement have nothing to do with exercising your easement rights, and absent other facts, you may not have a right to force him to clean up his mess.
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