Easement Disputes Explained: What Property Owners Need to Know

Easement disputes can arise when property owners disagree about access, development, improvements, maintenance or the scope and continued existence of easement rights. For both residential and commercial properties in California, resolving an easement dispute often requires reviewing how the easement was created, what rights it provides and how the property has historically been used.

An easement, which gives someone the legal right to use another person’s property for a specific purpose, such as accessing a driveway or utility lines, may exist quietly in property records for decades without causing a problem.

Then something changes: A neighboring property is sold or redeveloped, a property owner installs a fence, pool or other improvement, a utility company needs access or one party begins using an easement differently.

Suddenly, a little-noticed easement can affect how a residential or commercial property can be used, improved, sold or developed.

Recent disputes in Southern California illustrate the stakes. In San Marcos, a family and the developer of a major mixed-use project are litigating over a decades-old access easement that the developer says is affecting its ability to obtain entitlements and develop and finance surrounding property. The family disputes the developer's claims and maintains that it continues to use the easement.

Meanwhile, in Huntington Beach, 29 homeowners have faced the removal of pools and other backyard improvements from a sewer easement dating to the 1960s. Orange County Sanitation says it needs the easement cleared so it can access an aging pipeline if repairs are necessary. Some homeowners reached settlements with the agency, while litigation was filed against others.

The circumstances are different, but both disputes demonstrate an important point: Property owners need to understand not only whether an easement exists, but what rights it provides and how those rights may affect the property’s future use.

How Do Easements Affect Property Owners?

An easement does not transfer ownership or give the easement holder the right to possess the property. Instead, it gives the easement holder specific rights to use the property, such as for roads, driveways, parking or utilities including water, sewer, electricity and gas.

Easements can exist on both residential and commercial real estate. A homeowner may have an easement allowing use of a neighbor's driveway, while a commercial property may be subject to access, parking or utility easements that affect development plans or business operations.

What are the Different Types of Easements in California?

California recognizes several types of easements, including:

• Express easements created through written documents,
• Implied easements based on prior use,
• Easements by necessity,
• Prescriptive easements established through certain historical use and
• Equitable easements that may arise from disputes involving encroachments.

Many easements run with the land, meaning a sale of the property does not necessarily make the easement disappear. Some may also exist even if they are not recorded. For buyers, investors and developers, that makes reviewing title documents and investigating existing property uses an important part of real estate due diligence.

Why Do Easement Disputes Happen?

At its core, an easement requires two parties to share certain rights involving the same piece of property. The owner of the underlying property retains ownership, while another party has the right to use some portion of that property for a particular purpose. Both have rights that must be respected.

Conflict often begins when the parties disagree about where those rights begin and end.

Common easement disputes in California can involve:

• Blocked or restricted access. A fence, gate, landscaping, parked vehicles or construction may interfere with another party's right to use an easement.
• Disputes over the scope of an easement. The parties may disagree about what activities an easement permits or whether the current use exceeds the rights originally granted.
• New development or changes in property use. Residential or commercial development can make an existing easement more significant or create conflicts over access, construction or future development rights.
• Improvements within an easement. Pools, buildings, landscaping or other improvements may conflict with another party's easement rights, even when they have existed for years.
• Maintenance and repair. Disagreements may arise over who is responsible for maintaining an easement or paying associated costs.
• Termination or abandonment. One party may contend that an easement is no longer valid or has been abandoned, while the other maintains that its rights continue.

Depending on the circumstances, an easement dispute in California may be resolved through negotiation or require litigation to determine or enforce the parties’ property rights.

What Should You Do if You Have an Easement Dispute?

Whether the dispute involves a home, investment property, commercial building or development site, determining the parties' rights typically starts with the documents and the history of the property.

1. Review the deed, title report and easement documents. Determine whether there is a recorded easement and examine its location, purpose, scope and any restrictions. Because not all easements are recorded, however, the analysis may not end with the title report.
2. Determine how the easement was created. An express written easement can present different issues than a claimed prescriptive, implied or equitable easement. Understanding the type of easement is important to determining the parties' respective rights.
3. Investigate how the property has historically been used. Surveys, photographs, permits, correspondence, prior agreements and information about previous use can become important when parties disagree about an easement's location, scope or continued existence.
4. Consider how proposed changes could affect the easement. Before installing a gate or fence, constructing an improvement or beginning a redevelopment project, determine whether the work could interfere with existing easement rights. Similarly, a property owner planning a purchase or development should understand whether an easement could restrict future use of the site.
5. Determine whether an easement can be terminated. Don't assume that nonuse means an easement has disappeared. Easements can be terminated in several ways, including by written agreement, merger or abandonment. But the fact that an easement is not actively used does not, by itself, answer whether the legal right still exists.
6. Address the issue before it escalates. Depending on the circumstances, an easement dispute may be resolved through negotiation, a written agreement or changes to how the property is used. Other disputes may require a quiet title action or other litigation to establish and enforce the parties' property rights.

White and Bright's real estate attorneys advise residential and commercial property owners on the creation, interpretation and termination of easements, as well as easement, encroachment and boundary disputes. Contact us to discuss an easement issue involving your property.

California Easement Disputes Frequently Asked Questions

1. Can a property owner block or restrict an easement?

A property owner generally retains the right to use property that is subject to an easement, but that use cannot unreasonably interfere with the easement holder’s rights. Whether a gate, fence, parked vehicle, landscaping or other restriction constitutes improper interference depends on the easement and circumstances.

2. Can the use of an easement change over time?

Changes in property ownership, development or use can create disputes about whether an easement is being used more extensively or differently than originally permitted. The language creating the easement and the nature and history of its use can be important in determining its scope.

3. Who is responsible for maintaining an easement?

Responsibility for maintenance and repair may be addressed in the easement agreement or other property documents. When it is not, determining responsibility may depend on factors including who uses the easement and applicable California law.

4. Can an easement affect the sale or development of a property?

Yes. An easement may affect access, improvements, development plans and how portions of a property can be used. Buyers, sellers, investors and developers should identify and evaluate easements as part of their real estate due diligence.