Can a Property Owner Block An Easement

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“Can a Property Owner Block An Easement? Having an easement on your property means certain businesses, such as utility companies, may gain access to your property if necessary. Easements are interesting because they allow certain people access to property they do not own.”

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Can a Property Owner Block An Easement

As part of some easements, a driveway can be built through a person’s property for the owner to access their property or home. To avoid conflicts, checking for easements before purchasing land is best.

It is possible to have an easement over your property even if you own it. Easements allow you to use the property for a specific purpose, though you must allow others access to it.

 

Understanding Easements

What is the easement definition? Before we tackle the issue of preventing easements, it is essential to know what easements are. Easements are legal rights that allow specific individuals or entities the right to use someone else’s property for particular reasons. These goals can be varied and include driveway construction, utility access, and many others. They can be granted explicitly in the deed to a property or enacted by law to support the general community’s needs.

 

California easement law

What does easement meaning? If you purchase a property in California, it is logical to assume that it is yours to use however you like. This can mean allowing certain persons onto your property and throwing others off at your choice. However, some have to be subjected to “easements.” An easement for property is a written or not written–that grants someone else legally entitled to use your property to fulfill specific requirements.

You may be surprised to learn that many people’s property is affected by one type of easement or another, and they need to be made aware that they are. It’s a blissful ignorance that is precisely the reason for easements for property. They give a non-property owner permission to use land owned by someone else without raising any issues. 

However, a property owner may occasionally be aware of an easement and attempt to pursue legal action to remove it. If you’re a property owner and have recently learned of easements on your property, knowing what rights you are entitled to and what rights you don’t have as an owner of land is crucial.

 

How an Easement Works?

Can a Property Owner Block An Easement? You may need access to portions of your property when you buy it from a nearby landowner or business. They often pass through your property to get to their property or conduct business. An easement rights california allows a person to use another’s land legally.

There are often transferable easements listed on a deed or other legal document disclosed at the time of purchase. There is an easement if permission has been given for a particular activity to occur.

The landowner can grant the easement and record it at the county clerk’s office, or the landowner can imply it without any written action required. It becomes an encumbrance, or claim, on the land’s title once it is recorded and registered.

 

What are the Common Types of Easement California?

To make things even more confusing and complicated, there are various types of easements for property. To correctly resolve your legal issue, you need to understand the kind of easement in play. Easements can take several forms, including:

  • Easements for utilities
  • A private easement
  • A necessity for easements
  • Prescriptive Easements

 

Utility Easements

The Utility easements represent the most commonly used easement that allows utility companies, such as electric, gas, or water companies, to access and modify your property as needed. For example, when an electric company requires an electric line through your property and has to support using the help of a telephone pole, they can conduct the work.

 

Easements based on necessity:

The Easements, by necessity, allow individuals to access your property only when necessary. For example, if your neighbor’s property is in front of yours, they and their guests can utilize your property to get away from the main road and to your house.

 

Private Easements

The Private easements are not as complicated since the property owner has to transfer the land to a third party to be efficient. For example, the homeowner approaches his neighbor and requests the neighbor not to plant a tree within 100 meters of the property to install solar panels. The homeowner agrees to put an easement in place to prevent neighbors from establishing tall trees on their property.

 

Prescriptive Easements

The Prescriptive easements don’t require an agreement, just an established habit. For instance, if neighbors cross your property daily to go to work and do not cause any trouble, they have unwritten permission to travel to your property.

 

Requirements to Obtain & Prove An Easement.

Every state in the United States has specific laws concerning the requirements of a valid easement. You can negotiate an easement through a written agreement and contract. It can also be without prior written consent or document by proving continuous use over a specified time. You can obtain prescriptive easements. 

An agreement or contract is not required to grant prescriptive easements. However, someone explicitly or publicly uses a property without the owner’s consent for a period defined under the state’s law. For instance, if a person without access to public roads travels through a neighbor’s property for years without notifying them that they must stop, as specified by state law, they may be granted a prescriptive easement. 

Based on necessity, someone can also grant an easement. This happens when a property owner cannot access their property without using part of someone else’s property. This is the case for the landlocked properties.

An express or written easement should specify the boundary, location, and intended use. It must also be legal and reasonable but not exaggerated. 

 

Before buying real property,

Checking past and present property deeds is essential. Talk with a title agency and get title insurance. Sometimes, homeowners can take action to make others share the cost of maintaining their easement.

An easement appurtenant can benefit the owner of the adjoining property by providing access or right-of-way, like a road or a public park or road. The property sales affix an easement appurtenant, a part of an area of land. The servient tenement gives the dominant tenant the right to utilize a specified amount of land in the agreement.

An easement is not beneficial to the land or property; it’s also known as an easement for utility purposes. An easement for utility purposes is an agreement granted to a utility firm in the property’s title deed or by a municipal government.

 

Possible Complications You Could Face With Easements.

Easements around your property can create issues. If you buy or sell property, many problems could arise due to easements. Easements can have an impact on property usage as well as value and the rights of ownership.

Easement disputes could cause issues when selling properties. Disputes can result from disagreements regarding easements’ extent, maintenance obligations, and the power to alter or end the easement.

Additionally, easements that are not recorded may not be apparent during a property purchase. The easements hidden from view can lead to legal problems or disputes when they are discovered, affecting the value of the property and the buyer’s intention to use it.

Access rights (e.g., driveways and pathways) also cause problems. Ensuring that the easement offers adequate and convenient connectivity to property owners is crucial. If it is not done, it could influence the property’s salability and value.

 

Can a Property Owner Block an Easement?

Can a property owner block an easement California? The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property’s deed. When the property owner contests the easement’s boundaries, a reputable local company in California can conduct a property survey.

 

How do you deal with a property owner who tries to block an easement?

The rules prohibit property owners from blocking easements, but they may try it anyway. It can be frustrating in these situations, especially if the easement allows access to your home. However, it would help if you remained calm since you did not want to start a physical argument with the property owner.

 

How do you deal with a property owner who tries to block an easement?

 

Although property owners aren’t permitted to block easements, they could decide to try it anyway. This can be extremely difficult, mainly when the easement provides access to your residence. It is essential to remain calm, but you do not intend to get into a fight with the owner of the property, which could result in physical violence.

It is recommended that they speak with an attorney or another legal professional to discuss their options. They don’t expire with time; therefore, there’s not much the property owner can legally stop you from utilizing this parcel of land. If they’ve decided to make this decision but they’ve decided to do so, it could be better to have an attorney handle the issue. If the property owner refuses to clear the easement blocking, your case could be brought to a judge.

A lawyer or other legal consultant can advise you on what to do. Easements stay active over time, so a property owner has little legal power to prevent you from using this property.

You may need to go to court if the landowner refuses to remove the easement obstruction if they choose to do so.

 

Can You Terminate an Easement on a Property?

Most easements are intended to last for an indefinite period. However, it is possible to end easements in a variety of ways.

This includes:

  • Express agreement. Ending the easement by negotiating an agreement with the owner of the easement
  • Merger. Title to servient estate may be acquired by the owner of the dominant estate.
  • Abandonment: In this instance, the easement owner does something to make it no longer possible for them to use it.
  • Ending due to necessity. happens when an easement previously deemed necessary has been considered no longer to be needed.

If the easement is abandoned, the easement owner must abandon permanently the easement. It’s not a requirement when they cease using the easement for only a brief period. A skillful real estate lawyer usually guides the process of ending an easement.

 

What if the Easement Boundaries Need Clarifying?

When a property’s easement boundaries are unclear in the deed, a landowner might attempt to justify blocking the easement. This could be especially troublesome since court cases often result from these situations. It would help if you always had an experienced legal team to do all the research you need about the property.

 

California easement violations

In California, easement violations may lead to legal action. Resolving such disputes often involves seeking court intervention to address breaches of easement rights. Property owners should consult legal advice to understand their rights and obligations regarding easements by California law.

 

Can an Easement be used Illegally?

People can access woods, lakes, or anything else you have nearby by using an easement in your yard. It is best to contact the authorities about any illegal easement use that runs through your property rather than dealing with it yourself. Avoiding dangerous situations is essential.

If someone uses your easement illegally, consider hiring an attorney. This could prevent future instances of people using your easement illegally.

Hiring an attorney is a good idea to identify hidden issues with the property since real estate law and easements can be tricky. You should decide if you can live with an easement or should walk away from the property if it comes with one if it comes with an easement.

 

Conclusion

When buying real estate, it is not unusual to discover an existing encumbrance attached to the property as an easement. However, understanding and knowledge of how easements operate are rare. They can seriously limit landowners’ property rights and make legal obligations to others. 

However, owners can control their use or even revoke easements in several ways, both with and without court intervention. However, easement holders may also seek protection for their rights.

For more information about creating easements or easements, please consult our real estate lawyer, who specializes in estate planning.

 

Hedy Ghavidel

HEDY GHAVIDEL Managing Attorney  Roseville Office  1-866-471-6981  info@attorneysre.com Bio...

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