Easements - Real Estate Attorneys in California

Reliable Counsel to Protect Your Property Interests

An easement allows a person to use another's land for a specific purpose. However, it’s not uncommon for disputes to occur in connection with the creation or use of easements. If you are involved in a conflict surrounding an easement, purchasing a property that is subject to one, or will be creating one, it’s crucial to have a skillful attorney by your side to navigate the complex legal issues that can arise. At White and Bright, LLP, our experienced easement attorneys provide counsel to residential and commercial clients for a wide range of issues concerning California’s easement law.

Understanding the Types of Easements in California

If you are a landowner, it’s essential to understand the easements that are recognized in California. Common examples of easements can include the right to access a road across another person’s property, as well as sewage, power line, and water pipe easements. Specifically, there are five types of easements that can impact a property, including the following:

  • Express easements — An express easement is created by a written agreement between a property owner and another party which gives that party the right to use the property for a specific purpose.
  • Easements that are implied by existing use — Unlike an express easement which is created in writing, an implied easement does not involve a written contract. Rather, it is created based on prior use that is reasonably necessary.
  • Easements created by necessity — Easements by necessity are those that are determined to be necessary in order for the owner of a landlocked parcel of land to have access to a public road or their own property.
  • Easements that are created prescriptively — Prescriptive easements are created when a person uses another's property in a specific way without the permission of the property owner for an extended period of time.
  • Equitable easements — Equitable easements are those that arise from the outcome of legal disputes concerning encroachments. They are created by the court to resolve a legal action.

Although there are a number of ways easements can be created, they all share common characteristics, such as being of permanent duration and running with the land. Some easements must be recorded, while others are effective without the necessity of recording. It is critical to seek the advice of a diligent attorney to ensure that an easement has been properly created and that it allows the use that is desired by the parties. At White and Bright, our easement attorneys work with our clients to achieve the results they need — whether the resolution be reached through negotiation or litigation.

Diligent Easement Attorneys for a Wide Range of Disputes

Disputes involving easements can involve a broad scope of issues — and they are often contentious. It’s important to address any conflicts as soon as possible to avoid diminishing the value of a property any further. Some common types of easement disputes can involve:

  • Adverse possession — Adverse possession allows someone to claim ownership of a piece of property if they use it openly, continuously, and without the owner’s permission for a period of five years or more. It can extinguish an easement.
  • Trespassing — Trespassing can occur in connection with an easement if the holder exceeds the scope of the easement or interferes with the property owner’s use of it.
  • Title disputes — Easements can sometimes result in title disputes because they can create conflicting interests between property owners. Fencing, landscaping, and erecting new structures are common examples of activities that can give rise to title disputes.
  • Encroachment issues — An encroachment issue with an easement can occur when another party enters the property or builds on it without permission. Not only can this cause title issues, but it can also decrease the value of the property.
  • Easement termination — An easement can be deemed to have been terminated where it has been abandoned or where the circumstances creating the necessity of the easement have changed.
  • Easement extinguishment — Easements can be extinguished through certain situations, such as when an easement is terminated in writing. It can also be extinguished when it disappears by virtue of the merger of the dominant tenement (the property that benefits from the easement) and the servient tenement (the property that is burdened by the easement).

Easement law matters can be highly nuanced and require the representation of a skillful attorney who can achieve the best possible outcome. The easement attorneys at White and Bright have experience not only in creating easements but also in having them terminated for clients who wish to free their property from the burden placed upon it. We have the knowledge necessary to handle even the most complex easement issues for both residential and commercial easement matters — and ensure our clients’ interests are protected every step of the way.

Contact an Experienced California Easement Attorney

If you are facing an issue related to an easement for real property, our easement attorneys can provide the assistance you need. Located in Escondido, White and Bright LLP represents both commercial and residential property owners for many different types of easement law matters. We welcome you to contact us or call us at (760) 747-3200 to learn more about how we can help with your easement issue.