Skip to main content

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

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


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

Mark as helpful

1 lawyer agrees


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 general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Mark as helpful


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 purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Mark as helpful


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

No attorney / client relationship established. The answr is for discussion and general information only. The lawyer had not reviewed any documents or contract prior to the above comments.

Mark as helpful

Real estate topics

Recommended articles about Real estate

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics