What is an easement in California property law?

An easement is a legal right to use someone else's land for a specific purpose without owning it. Common types include right-of-way easements for driveways, utility easements for power lines, and drainage easements. The property benefiting is called the dominant estate, while the burdened property is the servient estate.

How do I get a prescriptive easement in California?

Under California Civil Code 1007, you can acquire a prescriptive easement through open, notorious, continuous, and hostile use of another's property for at least 5 years. Unlike adverse possession, you don't need to pay property taxes, but the use must be without permission.

Can a neighbor block my recorded easement access?

No. Servient estate owners cannot unreasonably interfere with a recorded easement. If your neighbor blocks access with gates, fences, or parked vehicles, you can demand removal and seek court injunctions plus damages for loss of use.

Who pays for shared driveway or easement maintenance in California?

Under California Civil Code 845, if the easement agreement doesn't specify, servient owners must maintain if required by law. When multiple properties share an easement, costs are typically split proportionally based on use or benefit.

How can an easement be terminated in California?

Easements can end through expiration of term, written release, merger of properties under common ownership, abandonment with clear intent, or court order. Mere non-use alone is not enough to terminate an easement in California.

What evidence do I need for an easement dispute?

Essential evidence includes a title report showing recorded easements, professional land survey, photos documenting obstructions, Google Earth historical imagery for prescriptive claims, and communications with the other party. Organize everything in a binder for your attorney.

🛣️ Easement & Right-of-Way Dispute Demand Letters

🗺️Understanding Easements and Rights-of-Way

What Is an Easement? A legal right to use someone else's land for a specific purpose, without owning it

Key Concepts

🏡 Dominant estate: The property that benefits from the easement (the one with the right to use)
🏘️ Servient estate: The property burdened by the easement (the one being crossed or used)
📜 Appurtenant easement: Runs with the land—transfers automatically when property is sold
👤 Easement in gross: Benefits a specific person or entity (e.g., utility company), not tied to ownership of another parcel

Common Types of Easements (Cal. Civ. Code § 801)

🚗 Right-of-way / access easements: Permission to cross another's land to reach your property (driveways, pathways, roads)
⚡ Utility easements: Rights for power lines, water pipes, sewer lines, cable, etc.
💧 Water and drainage easements: Rights to take water, drain runoff, or access water sources
🌊 Lateral and subjacent support: Right to have your land supported by neighboring land (prevents excavation damage)
🌞 Light and air easements: Right to receive sunlight or airflow (rare; usually by express agreement)
🚶 Public access easements: Dedication of private land for public use (beaches, trails, etc.)

How Easements Are Created

📖 Express Easement: Created by written deed or agreement, recorded in county records. This is the most common and clear-cut type.

📖 Implied Easement: Arises by necessity or prior use when land is subdivided (e.g., landlocked parcel has implied easement for access).

📖 Prescriptive Easement: Acquired through open, notorious, continuous, hostile use for the statutory period (usually 5 years in California), similar to adverse possession but without needing to pay property taxes.

📖 Easement by Estoppel: Created when one party relies on another's permission or conduct to their detriment.

Common Easement Dispute Scenarios

🚧 Blocked access: Servient owner installs gate, fence, landscaping, or parks vehicles blocking easement
📏 Scope disputes: Disagreement over width, allowed uses, or number of users (e.g., "Can I pave the dirt path?" or "Can my tenants use it?")
💰 Maintenance and repair costs: Who pays to maintain shared driveways or access roads?
⏳ Prescriptive claims: One party claims long-time use has ripened into legal right; other denies permission was ever given
🗑️ Interference: Servient owner's use of their own land interferes with easement (excavation, grading, dumping)
🏚️ Abandonment claims: Servient owner argues easement was abandoned through non-use

⚖️ Legal Principle: Easement holders must use the easement reasonably and in accordance with its purpose, causing the least burden to the servient estate. Conversely, servient owners cannot unreasonably interfere with the easement's intended use.

Why Easement Disputes Matter

🚗 Access is essential: Blocked access can render property unusable and destroy value
💰 Property values: Easement disputes lower values for both properties and complicate sales
⏰ Time-sensitive: Failure to defend easement rights can lead to adverse possession or loss of rights through abandonment theories
📜 Title issues: Unresolved disputes cloud title and prevent refinancing or sale

Remedies in Easement Disputes

🛑 Injunction: Court order requiring removal of obstructions or prohibiting interference
💵 Damages: Compensation for loss of use, diminished value, costs of alternative access
⚖️ Declaratory relief / Quiet title: Court judgment establishing existence, scope, and terms of easement
🔨 Self-help (limited): In some cases, may remove obstructions yourself, but risky without legal advice

⚠️ Warning: Easement law is highly fact-specific and technical. Small differences in wording, historical use, or recorded documents can dramatically affect your rights. Always obtain title reports, surveys, and legal advice before taking action.

⚖️California Easement Law

Civil Code § 801 – Types of Easements

Cal. Civ. Code § 801 Lists 10 categories of easements recognized under California law

§ 801 defines the following easement categories:

Right-of-way
Right to take water, wood, minerals, or other things from another's land
Right to pasture animals on another's land
Right to fish in another's waters
Right to place or keep signs or billboards on another's land
Right to access shores of navigable waters
Right to construct dams, aqueducts, or other works for water control
Right to drain water or sewage through another's land
Right to receive light and air
Right to receive lateral and subjacent support

Most residential disputes involve right-of-way (access) easements and utility/drainage easements.

Prescriptive Easements (Civ. Code § 1007)

§ 1007 – Title by Prescription: "Occupancy for the period prescribed by the Code of Civil Procedure as sufficient to bar an action for the recovery of the property confers a title thereto, denominated a title by prescription..."

Requirements for prescriptive easement:

✅ Open and notorious: Use is visible and obvious, not secret
✅ Continuous and uninterrupted: Regular use for the entire statutory period (typically 5 years)
✅ Hostile and adverse: Use is without permission and under claim of right
⚠️ Note: Unlike adverse possession for ownership, prescriptive easements do NOT require payment of property taxes

🎯 Key Distinction: Prescriptive easements give you a right to use (like crossing someone's driveway), but not ownership of the land. Adverse possession, by contrast, can transfer full title but requires tax payments and possession, not just use.

Preventing Prescriptive Rights (Civ. Code § 1008)

§ 1008 – Defeating Prescription by Permission: Property owners can prevent prescriptive rights from accruing by posting signs or recording documents granting express permission for the use.

Statutory language: Signs reading "Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code" defeat the "hostile" element and prevent prescription from running.

Practical effect: If you see such signs, or if the owner has explicitly told you "you can use this, but it's not a right," you likely cannot claim a prescriptive easement.

Maintenance and Repair Obligations (Civ. Code § 845)

Cal. Civ. Code § 845 Addresses who pays for maintenance of shared easements and access roads

§ 845: "The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain it in repair, but the owner of the servient tenement must repair it when in need of repair, if the servient tenement is subject to a charge for such repair by agreement or by law."

Practical interpretation:

Default rule: Servient owner (underlying land owner) has duty to maintain if required by agreement or law
Dominant owner (easement holder) may perform repairs and may be able to recover costs
When multiple parcels share an easement (e.g., private road serving several homes), cost-sharing is typically proportional to use or benefit

💡 Cost-Sharing Strategy: In shared driveway or private road scenarios, a well-drafted easement should include explicit maintenance and cost-sharing terms. If the easement is silent, courts will apply § 845 and equitable apportionment principles. Document all maintenance expenses and send cost-sharing demands citing § 845.

Scope of Easement Use

The scope of an easement is determined by:

📜 Express language in the recorded deed or grant (e.g., "15-foot wide vehicular access")
🕰️ Historical use at the time the easement was created (what was contemplated?)
⚖️ Reasonable necessity for the dominant estate's use (can evolve over time within reason)

Common scope disputes:

"Can I widen the dirt path to a paved driveway?"
"Can I install utilities in the easement area?"
"Can my tenants or guests use the easement, or only me?"
"Can I use this foot-path easement for vehicle access now that I've built a garage?"

General rule: Easement scope can expand to accommodate reasonable development of the dominant estate, but cannot impose unreasonable new burdens on the servient estate.

Termination of Easements

Easements can be terminated by:

🔚 Expiration: If granted for a limited term or purpose that has ended
🤝 Release or quitclaim: Dominant owner signs away the easement
🏚️ Abandonment: Dominant owner clearly and unequivocally abandons the right through non-use plus intent (very hard to prove; mere non-use is insufficient)
📐 Merger: Dominant and servient estates come under common ownership (easement merges into fee ownership)
⚖️ Court order: Easement ruled invalid, or terminated due to impossibility or changed circumstances

⚠️ Abandonment Is Hard to Prove: In California, simply not using an easement for years does not terminate it. The servient owner must prove affirmative intent to abandon (e.g., dominant owner paved over the easement, built a structure blocking it, or made statements renouncing the right). Mere neglect or alternative access is not enough.

No Prescriptive Easements Over Public Land

Important limitation: You cannot acquire prescriptive easements over government-owned land (streets, parks, etc.). Only private property can be subject to prescription.

📄Evidence and Title Documentation

Essential Documents for Easement Disputes

Title Report + Survey The two most critical documents for understanding easement rights

1. Title Report and Recorded Easement Instruments

📋 Preliminary Title Report: Order from a title company; lists all recorded easements, encumbrances, and exceptions affecting your property.

What to look for:

Easement deed or grant showing: parties, date recorded, book/page or instrument number
Legal description of easement location (metes and bounds or reference to map)
Purpose and scope language ("for vehicular and pedestrian access," "for utilities," etc.)
Width and specific location ("15-foot wide strip along northerly boundary")
Maintenance and cost-sharing provisions (if any)

📄 Obtain certified copies of the actual recorded easement documents from the county recorder's office.

2. Land Survey

🗺️ Professional boundary survey: Licensed land surveyor physically locates the easement on the ground using monuments, measurements, and recorded descriptions.

Why you need a survey:

Shows exact location and width of easement
Identifies encroachments or obstructions (fences, structures, landscaping)
Documents current conditions with measurements and photos
Provides expert opinion for court if needed

💵 Cost: $1,500–$5,000 depending on property size and complexity; money well spent in serious disputes.

3. Subdivision Maps and Parcel Maps

If your property is part of a subdivision:

📐 Final subdivision map (recorded with county) often shows easements for roads, utilities, drainage
🗂️ CC&Rs and declaration may define easement rights and maintenance obligations
🏘️ Homeowners association documents if easements are held or maintained by HOA

4. Historical Evidence for Prescriptive Claims

If claiming (or defending against) a prescriptive easement, gather:

📅 Timeline of use: When did use begin? Continuous for 5+ years?
📸 Photos over time: Google Earth historical imagery, old family photos, aerial photos from county assessor
🗣️ Witness testimony: Prior owners, neighbors, contractors who observed the use
📧 Communications: Any emails, letters, or conversations about permission vs. objection
🏡 Deeds and prior title reports: Did prior owners acknowledge or claim the easement?
🚧 Improvements made: Did you pave, grade, or maintain the path? This shows claim of right and investment

💡 Google Earth Timeline: Use Google Earth's historical imagery feature to show your driveway or path existed and was in use for many years. This is powerful visual evidence of continuous, open, and notorious use.

5. Maintenance and Use Records

For cost-sharing or maintenance disputes:

💰 Receipts for repairs: Grading, paving, snow removal, drainage work, gate repairs, etc.
📝 Maintenance agreements: Any prior written or oral agreements about who pays for what
📊 Use intensity: Number of parcels served, traffic levels, commercial vs residential use (affects fair cost allocation)

6. Communications and Notice

📧 Emails and texts: Discussions about easement use, permission, objections, or blockages
📝 Prior demand letters: Any earlier requests to remove obstructions or share costs
📞 Meeting notes: Neighbor conversations, HOA meetings, mediation attempts
🚨 Code enforcement or police reports: If you've reported blocked access or trespassing

7. Expert Reports

In complex or high-value cases:

🗺️ Surveyor's report and testimony: Expert interpretation of legal descriptions and boundary location
💰 Appraiser's report: Diminution in value due to blocked access or easement dispute
🏗️ Engineer's report: Feasibility and cost of alternative access, or damage from interference with drainage easement

🎯 Evidence Hierarchy in Easement Cases:

Recorded instruments (deeds, maps) – strongest evidence of express easements

Professional survey – establishes physical location and current conditions

Historical use evidence (photos, testimony) – critical for prescriptive claims

Communications and conduct – shows permission vs. hostile use, good faith efforts

Expert opinions – surveyor and attorney analysis for complex legal/factual issues

Organizing Your Evidence

Create a binder or folder with:

Tab 1: Title report and recorded easement instruments
Tab 2: Survey and maps
Tab 3: Photos (current conditions and historical)
Tab 4: Timeline of use and events
Tab 5: Communications (emails, letters, texts)
Tab 6: Maintenance records and receipts
Tab 7: Witness contact info and statements

This organization will save time and money when working with an attorney and presenting your case.

📝Demand Letter Templates

Template 1: Demand to Remove Obstruction – Recorded Easement

[Your Name] [Your Address] [City, State ZIP] [Email] [Phone] [Date] [Servient Owner's Name] [Servient Property Address] [City, State ZIP] RE: Demand for Removal of Obstruction to Recorded Easement – [Property Address] Dear [Servient Owner's Name], I am writing to demand immediate removal of obstructions you have placed within the recorded easement benefiting my property at [Your Address] and burdening your property at [Servient Address]. EASEMENT DESCRIPTION AND LOCATION My property (the "dominant estate") benefits from a recorded easement for [vehicular and pedestrian access / utilities / drainage] over your property (the "servient estate"). The easement was created by [deed/grant/subdivision map] recorded on [Date] as [Instrument Number or Book/Page], a certified copy of which is attached as Exhibit A. The easement grants [describe: "a 20-foot wide right-of-way for vehicular and pedestrian access along the easterly boundary of your property, extending from [Street Name] to my rear property line"]. A professional land survey prepared by [Surveyor Name], dated [Date], confirms the location and dimensions of the easement and is attached as Exhibit B. OBSTRUCTIONS AND INTERFERENCE You have unlawfully obstructed the easement by installing the following: • [Describe obstruction, e.g., "A locked gate across the access road at the entrance from [Street Name], installed on or about [Date]"] • [Additional obstructions, e.g., "Landscaping (trees, planters, and boulders) within the 20-foot easement area, narrowing the usable access to approximately 8 feet"] • [E.g., "Your vehicle and trash bins regularly parked within the easement, blocking access"] These obstructions prevent me from exercising my legal right to access my property. I have been forced to [describe impact: "park on the street and carry supplies 200 feet to my home," "use a narrow and unsafe alternate path," "delay construction because contractors cannot access the property"]. LEGAL BASIS Under California law, I have an absolute right to use the recorded easement for its intended purpose. You, as the servient estate owner, have a duty not to interfere with or obstruct the easement. Your obstructions constitute unlawful interference with my easement rights and may support claims for: • Injunctive relief (court order requiring removal of obstructions) • Damages for loss of use and diminution in property value • Costs and attorney fees PRIOR COMMUNICATIONS I previously contacted you on [Date(s)] via [email/phone/in person] requesting removal of the obstructions. You [describe response: "refused," "stated you did not believe the easement existed," "promised to remove the gate but have not done so"]. DEMAND I demand the following within fifteen (15) days of the date of this letter: 1. **Immediate removal of all obstructions** from the easement area, including [list: gate, landscaping, parked vehicles, etc.]; 2. **Restoration of full access** to the easement's recorded width and intended use; 3. **Written confirmation** that you acknowledge the easement and will not interfere with my rights in the future. CONSEQUENCES OF NON-COMPLIANCE If you fail to remove the obstructions within 15 days, I will have no choice but to pursue legal remedies, including: • Filing a lawsuit seeking a temporary restraining order (TRO) and preliminary injunction requiring immediate removal of obstructions • Claims for damages including cost of alternative access, diminished property value, and delay damages • Quiet title / declaratory relief action establishing the easement's validity and scope • Recovery of attorney fees and court costs California courts routinely grant injunctive relief in easement obstruction cases, and you will be liable for all resulting damages and legal expenses. ALTERNATIVE RESOLUTION If you have concerns about the easement's scope or proposed use, I am willing to discuss reasonable accommodations (e.g., agreed-upon gate access, limitations on hours, contribution to maintenance). However, such discussions cannot proceed while you are unlawfully blocking access. Remove the obstructions first, then we can negotiate any additional terms. Please contact me within seven (7) days at [Phone] or [Email] to confirm that you will comply with this demand. Sincerely, [Your Signature] [Your Printed Name] Enclosures: Exhibit A – Recorded Easement Deed/Grant (certified copy) Exhibit B – Land Survey dated [Date] Exhibit C – Photos of Obstructions

Template 2: Asserting Prescriptive Easement Rights

[Your Name] [Your Address] [City, State ZIP] [Email] [Phone] [Date] [Neighbor's Name] [Neighbor's Address] [City, State ZIP] RE: Notice of Prescriptive Easement Rights – Access via [describe path/driveway] Dear [Neighbor's Name], I am writing to assert my prescriptive easement rights for [vehicular and pedestrian access / parking / other use] over the [describe: "gravel driveway along the northern edge of your property"] and to demand that you cease interfering with my long-established use. HISTORY AND BASIS OF PRESCRIPTIVE EASEMENT I (and my predecessors in interest) have used the [driveway/path] for [vehicular access to my garage / pedestrian access / parking] continuously, openly, and without interruption since [Year], a period of over [number] years. The use has been: • **Open and notorious:** The driveway is visible from the street and has been used daily by me, my family, guests, and service providers • **Continuous and uninterrupted:** Regular daily use for over [X] years without any gap or cessation • **Hostile and under claim of right:** I have used the driveway as if I had a legal right to do so, not as a mere favor or with your permission • **Actual and exclusive (to my easement):** I have maintained and improved the driveway, including [repaving, grading, snow removal, etc.], demonstrating my claim of right Under California Civil Code § 1007 and applicable case law, continuous, open, notorious, and hostile use for five years or more creates a prescriptive easement. My use satisfies all elements. EVIDENCE OF LONG-TERM USE I have gathered substantial evidence of my prescriptive rights, including: • Historical aerial photographs and Google Earth imagery from [Years] showing the driveway and my vehicle parked/traveling on it (Exhibit A) • Receipts for maintenance and improvements I have made to the driveway since [Year] (Exhibit B) • Testimony from neighbors and prior owners confirming decades of continuous use (witness list available) • Photos and videos documenting current use (Exhibit C) YOUR RECENT INTERFERENCE On or about [Date], you [describe interference: "installed a locked gate blocking the driveway," "posted 'No Trespassing' signs and threatened to call police," "placed boulders obstructing vehicle access"]. This interference is unlawful. My prescriptive easement rights are legally enforceable property rights, equivalent to a recorded easement, and you cannot unilaterally terminate them. DEMAND I demand the following within fifteen (15) days: 1. **Immediate removal of all obstructions** (gate, signs, boulders, etc.) blocking my access; 2. **Acknowledgment of my prescriptive easement rights** and commitment not to interfere in the future; 3. **[Optional] Execution of a written easement agreement** formalizing the easement for recording, to avoid future disputes and clear title for both properties. ALTERNATIVE: FORMAL EASEMENT AGREEMENT I am willing to work with you to document the easement formally. This benefits both of us: • Clarifies the scope, width, and maintenance responsibilities • Removes cloud on title for both properties, facilitating future sales or refinancing • Avoids costly litigation I propose we engage a mediator or real estate attorney to draft a mutually acceptable easement agreement that I will record. I am open to reasonable terms regarding maintenance cost-sharing, width, and use restrictions, but the fundamental right of access is non-negotiable. CONSEQUENCES OF NON-COMPLIANCE If you refuse to remove the obstructions and continue to interfere with my easement rights, I will file a lawsuit for: • Declaratory relief and quiet title establishing my prescriptive easement • Preliminary and permanent injunction requiring removal of obstructions • Damages for loss of access and property value diminution • Attorney fees and costs California courts recognize and enforce prescriptive easement rights. I have strong evidence of decades of use, and I am confident in the merits of my claim. RESPONSE REQUESTED Please contact me within seven (7) days at [Phone] or [Email] to discuss resolution. I prefer to formalize this amicably, but I am fully prepared to litigate if necessary. Sincerely, [Your Signature] [Your Printed Name] Enclosures: Exhibit A – Historical Aerial Photos and Google Earth Images Exhibit B – Maintenance Receipts and Improvement Records Exhibit C – Current Photos and Videos

Template 3: Demand for Shared Maintenance Costs (Cal. Civ. Code § 845)

[Your Name] [Your Address] [City, State ZIP] [Email] [Phone] [Date] [Co-Owner / Shared User Name] [Address] [City, State ZIP] RE: Demand for Contribution to Shared Easement Maintenance Costs – [Shared Driveway/Road Description] Dear [Co-Owner], I am writing to request your proportionate contribution to the necessary maintenance and repair costs for the [shared private road / driveway] that provides access to both of our properties at [Your Address] and [Their Address]. DESCRIPTION OF SHARED EASEMENT Both of our properties are served by a [private road / shared driveway] that [describe: "runs from [Public Street] approximately 400 feet to our respective homes"]. The easement is recorded as [instrument number or description], and both properties have mutual easement rights for access. NECESSARY MAINTENANCE AND REPAIRS The [road/driveway] has deteriorated significantly and requires the following repairs: • [Describe: "Repaving of approximately 400 linear feet due to extensive cracking, potholes, and erosion"] • [E.g., "Drainage improvements to prevent further water damage and undermining"] • [E.g., "Grading and gravel overlay for sections that have washed out"] I have obtained three estimates from licensed contractors for the necessary work: • [Contractor 1]: $[Amount] • [Contractor 2]: $[Amount] • [Contractor 3]: $[Amount] (Estimates attached as Exhibit A.) The selected bid is $[Amount] from [Contractor Name], which provides the best value and timeline. LEGAL BASIS FOR COST SHARING California Civil Code § 845 addresses maintenance obligations for easements. Where multiple properties benefit from a shared easement, cost-sharing is required based on proportional use and benefit. In this case, both of our properties: • Are served exclusively by this private road (no alternative access) • Receive equal benefit from maintained access • Generate comparable traffic and use Therefore, I propose a **50/50 cost split**, with your share being $[Amount ÷ 2]. [If unequal use or benefit, adjust and explain: "Your property consists of [X] units/parcels while mine is a single-family home, so I propose a [60/40 or other] split based on relative traffic and use."] PRIOR COMMUNICATIONS I previously discussed this matter with you on [Date(s)], and you [describe: "indicated you would consider contributing but have not responded," "stated you would only pay a portion," "refused to contribute"]. The repairs cannot be delayed further. The road is [describe urgency: "unsafe for emergency vehicles," "continuing to deteriorate, increasing future costs," "causing damage to vehicles"]. DEMAND I intend to proceed with the repairs within [timeframe, e.g., "the next 30 days"]. I demand that you pay your share of $[Amount] within thirty (30) days of the date of this letter. Payment options: 1. **Pay me $[Amount] directly**, and I will arrange for the work and provide you with receipts and lien waivers; OR 2. **We can jointly contract with the selected contractor**, with each of us paying our share directly; OR 3. **You may propose an alternative contractor** with comparable pricing and scope, and we can agree on joint selection. CONSEQUENCES OF NON-PAYMENT If you refuse to pay your fair share, I will: • Proceed with the repairs at my own expense and immediately file a lawsuit to recover your proportionate share under Civil Code § 845 • Seek recovery of attorney fees, court costs, and interest on the unpaid amount • Explore whether a lien can be recorded against your property for unpaid maintenance obligations (depending on easement terms and county rules) I prefer to handle this cooperatively and avoid litigation, but I will not subsidize the full cost of maintaining a road that equally benefits your property. PROPOSED ONGOING MAINTENANCE AGREEMENT To avoid future disputes, I propose that we enter into a written agreement addressing: • Responsibility for routine maintenance (grading, snow removal, pothole repair) • Cost-sharing formula for major repairs • Contribution to a joint maintenance fund or reserve • Procedure for obtaining bids and approving work I am happy to work with you (and any other affected property owners) to draft a fair and binding agreement. This benefits all parties and prevents ongoing conflict. Please contact me within ten (10) days at [Phone] or [Email] to arrange payment or discuss the project. Sincerely, [Your Signature] [Your Printed Name] Enclosures: Exhibit A – Contractor Estimates (3) Exhibit B – Photos Showing Current Condition Exhibit C – Recorded Easement Documents

👨‍⚖️Legal Assistance for Easement Disputes

✅ When Legal Help Is Essential: Easement disputes involve complex title and survey issues. If access to your property is blocked, property values are significantly affected, or the other party refuses to negotiate, hiring an attorney is often necessary and cost-effective.

How I Can Help

I provide comprehensive legal services for California easement and right-of-way disputes:

📜 Title and document review: Analyze recorded easements, deeds, surveys, and title reports to determine your rights
📝 Demand letter drafting: Professional letters citing applicable law (CC §§ 801, 845, 1007, 1008) and leveraging evidence
🗺️ Survey coordination: Work with land surveyors to document easement location and obstructions
🤝 Negotiation and settlement: Engage with servient owners, co-users, or HOAs to resolve disputes and draft easement agreements
⚖️ Quiet title and declaratory relief actions: File lawsuits to establish or confirm easement rights and scope
🛑 Injunctive relief: Obtain TROs and preliminary injunctions to remove obstructions and restore access
📋 Prescriptive easement claims: Build and litigate cases for prescriptive rights based on long-term use
💰 Cost-sharing enforcement: Recover maintenance and repair costs from co-users under Civil Code § 845
📄 Easement drafting and recording: Create formal easement agreements to resolve disputes and clear title

Typical Fee Structures

$450 Flat fee for demand letter drafting

Demand letter: Flat fee $450
Hourly: $240/hr for negotiation, easement agreement drafting, survey coordination, or mediation
Contingency: 33-40% of recovery (for cases with significant damages or property value at stake)

What to Bring to a Consultation

Title report (preliminary or ALTA policy)
Recorded easement deeds, grants, or subdivision maps
Land survey (if available)
Photos of easement area and any obstructions
Historical evidence (Google Earth, old photos, prior owner statements)
Maintenance records and receipts (for cost-sharing claims)
All communications with servient owner or co-users
Prior agreements, CC&Rs, or HOA documents

Case Evaluation: Strength Analysis

Strong easement enforcement cases have:

✅ Clear recorded easement with specific location and purpose
✅ Professional survey confirming obstruction within easement area
✅ Documented attempts to resolve cooperatively
✅ Significant harm (blocked access, property value loss, safety issues)
✅ Good title chain and no ambiguities in easement language

Strong prescriptive easement claims have:

✅ Continuous, documented use for 5+ years
✅ Historical photos (Google Earth, aerial images) showing long-term use
✅ Witness testimony from multiple sources
✅ Evidence of improvements or maintenance (showing claim of right)
✅ No evidence of permission (no § 1008 signs, no written licenses, no rent paid)

Challenging cases involve:

⚠️ Ambiguous or conflicting easement descriptions
⚠️ Disputes over scope ("Can I pave?" "Can I add more users?")
⚠️ Evidence of permission defeating prescriptive claims
⚠️ Abandonment arguments (long non-use, alternative access developed)
⚠️ Multiple parties with conflicting interests (HOA, multiple co-users)

💡 Practical Guidance: Easement litigation can be expensive, but blocked access can destroy property value and usability. In many cases, a strong demand letter and threat of injunctive relief achieves settlement. I'll provide an honest cost-benefit analysis and explore creative solutions (recorded agreements, cost-sharing arrangements) before recommending full litigation.

Schedule a Consultation

I offer a 30-minute initial consultation to review your title documents, discuss your easement rights, and outline a strategy. Use the calendar below to book a time.

Contact Information

Email: owner@terms.law

I respond to all inquiries within one business day. Let's protect your access rights and resolve your easement dispute.