Legal Question in Real Estate Law in California
My neighbor has a ingress egress easement thru my property. He has access to a road thru his property. He has a dirt driveway and when it rains he leaves a trail of mud thru my new concrete. I beleive before there was no road where he could enter his property now there is. Can the easement be removed?
3 Answers from Attorneys
Easements can be "removed" (terminated) for a few legal reasons. Probably not the ones you state. An easement is a permanent right to use someone else's land. Severe misuse can sometimes be a ground to terminate the easement (it is called "overburden of the easement"), but your new concrete seems to be a condition you created for which the easement owner is not responsible. Finally, I don't see any trespass to land here, and I don't generally recommend yelling at neighbors.
I agree with Mr. Whipple's response. Yelling at someone just makes things worse. People who come up to me and yell at me usually get a good sock in the mouth.
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