Legal Question in Real Estate Law in California

ingress egress easement

Does a permanent ingress egress easement give the holder the right to disallow others on that property?


Asked on 5/06/07, 10:12 am

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: ingress egress easement

An easement is the right to use the property of another. The document that created the grant of easement will set for the rights and duties of the parties. You should have the document reviewed by a local attorney to determine if the right to disallow others from using the property was granted or retained.

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Answered on 5/06/07, 10:24 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: ingress egress easement

Easements are usually permanent, and easements for ingress and egress are almost always non-exclusive and will be interpreted as non-exclusive unless the granting or reserving instrument states otherwise, or an exclusive right must necessarily be inferred.

Thus the owner of the so-called "servient tenement" or "servient estate" (the property upon which the easement lies) can continue to use the easement for compatible purposes, and can grant further easements to others, so long as the rights of the primary easement holder aren't impaired.

By the way, the property that has ingress and egress over the easement is called the "dominant tenement" or "dominant estate."

The holder of an easement probably doesn't have the right to remove trespassers from the easement, unless he or she has been asked by the owner of the servient estate to do so. On the other hand, the easement holder would have the right to call a tow truck to remove a parked car blocking the easement, since that would be an interference with his/her limited rights in the land.

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Answered on 5/06/07, 12:14 pm


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