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do I have to allow access to an adjoining property owner through my property over an easement that he has not been granted?
Los Osos, CA
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Posted about 1 month ago in Land Use / Zoning
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The persons in question have been given an easement by me, through an area close to where they will be building, away from where my house exists. They have a business involving large equipment, trucks, tractors, etc. and they have been using another access that goes directly in front of my house, which he does not have an easement to. He rents from the people who do have the easement, and will be there until his house is completed, and it's been three years. I bought the property to get away from traffic and noise and feel intruded upon. They act as if they own the road and have actually yelled at people working for me, and made my life misereable. They do not like me because I would not sell them part of my property. Also, the rental is not legal to live in.
Answers (1)
Brian Leigh Dewitt
This attorney is licensed in California.
Posted about 1 month ago.
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The specific language on the written, recorded easement will set forth the easement area, the permitted use, its scope and duration. If part of your land is being used without easement rights, you can stop it. If trucks are traveling in front of your home where there is no easement you can stop that. In some circumstances, adjoining landowners may acquire easement rights without your consent (easement by necessity and/or prescriptive easement). From the limited facts given I cannot tell if those doctrines apply. I assume the easement you granted is “non-exclusive” (that is, you are entitled to use the land too). If it is, and the other party’s use prevents or excludes your use, they are in violation of the easement. Finally, written easements usually provide for “reasonable” use or access. So even if they are within the easement area, their use might be unreasonable. You should consult a lawyer to determine if the other parties’ use complies with the easement.
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