Can a person concrete over a dirt non exclusive easement and then forbid others from using their driveway

Asked over 1 year ago - Simi Valley, CA

We have a non-exclusive easement that accesses an 8.8 acre parcel. The parcel owner put in a concrete drive with curbs and left a 5 foot dirt path for horses and foot traffic. They then posted a sign that acknowledges the non-exclusive easement and forbids under penalty of prosecution anyone from driving, walking or riding on or across their driveway..,Can they legally resrict traffic like that?

Attorney answers (4)

  1. David S Hoffman

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Probably not. But, you need to consult with an experienced real estate attorney, who will need to review the underlying language that created the easement. Also vital to a complete analysis is the historic use of the easement.

    Disclaimer: The materials provided below are informational and should not be relied upon as legal advice
  2. Michael Raymond Daymude

    Contributor Level 20

    Answered . The grant and prior use of the easement will determine the dominant tenement's rights. It is unclear if the sign purports to restrict use by the dominant tenement or only the general public and whether the driveway is on the easement or restricts it in any way. If this issue is important to you, you should consult local counsel to assess your rights.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Chi Leung Ip

    Contributor Level 13

    Answered . The prior use and the language of the recorded easement dictate whether the sign is proper.
    Edward C. Ip www.lawyer4property.com

    No attorney / client relationship established. The answr is for discussion and general information only. The... more
  4. Michael T Millar

    Pro

    Contributor Level 19

    Answered . It depends on what the grant of easement states and the circumstances.

    You should have a local real estate attorney review the document.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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