Legal Question in Real Estate Law in California
I have recently bough a piece of property with an easement across one corner, which allows the public to access a stream, however the stream has been dried up for years and no one has used the easement in a long time. Now I wish to add a garden room on part of the easement. What steps do I have to take to do this?
2 Answers from Attorneys
Talk to your title company and see what they suggest.
Jim Arnold
925-284-8887
www.arnoldlp.com
An easement to access a stream probably doesn't expire just because the stream doesn't currently flow. Very possibly, the easement is now an easement for the public to access a dry gulch.
Advising you properly would require knowing the circumstances surrounding the creation of the easement in the first place, whether it is recorded, and if it is written (whether or not recorded) exactly how it is expressed.
There are now provisions in the Civil Code for extinguishment of old and unused easements. They are found at sections 887.010 to 887.090, but only work if the easement is not recorded. Establishing the abandonment by the public of a recorded easement in its favor will be more difficult, but such an action (to quiet title) might succeed, although it would take time and cost money.
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