What Rights Do I've Over An Easement Through My Property Directed At Neighboring Property Manager?

[idal]

Likewise, what rights do they've? I realize I can't avert their entry, but could I do other things to or on that strip of territory? Could they? Home is in California, Kern County.

[macauliffe]

Pay a visit to a residence lawyer. These specific factors could possibly get complex. For instance, you have specific above and under-ground rights, and lots of these rights have gone totally to the supreme court to be determined on.  Did you know for instance you've certain but not unrestricted "atmosphere rights"?   For instance you most likely have the greatest to receive daylight, but you can not cease planes from flying overhead. Go to a lawyer for particulars. You could always attempt bargaining with an additional folks.  If they genuinely are your neighbors it may possibly be a lot a lot more comfy for everyone in the extended term if you do not antagonize them with any authorized actions.   Sometimes a handful of drinks and some enjoyable dialogue could be the approach to go.

[renshaw79]

Visit a home attorney. Pay a visit to a residence attorney. These particular issues could possibly get complex. For instance, you've particular above and under-ground rights, and lots of these rights have gone totally to the supreme court to be determined on.  Did you know for instance you've certain but not unrestricted "atmosphere rights"?   For instance you almost certainly have the best to get daylight, but you can not cease planes from flying overhead. Check out a lawyer for information. You could usually try bargaining with one more individuals.  If they genuinely are your neighbors it may possibly be a lot more comfy for everybody in the extended term if you do not antagonize them with any authorized actions.   Occasionally a couple of drinks and some enjoyable dialogue could be the method to take. Ancient_Hacker 75 weeks previously Please register to provide a supplement. Please confirm your account to offer a supplement. Please register to provide a note. Please confirm your account to provide a message.

[Madelhari]

It might...but if you're widening the road to handle more traffic you may have an over-burdening problem(more use than the original grant contemplated). And if you only need 12' to do whatever the easement is for(like driveway access) the servient tenement has a good argument for over-burdening anyway as you would be using more of the easement area than is necessary. The biggest problem with Easements and Rights of Way is that the people who create them almost never draft them in enough detail to avoid changed circumstances problems in the future. Then everybody gets to pay a bundle to get a judge to fill in the blanks.

[Taggart]

It depends on the language of the easement. Generally, an easement grants the rights specified and no others. For instance, an easement to "pass and repass for access" doesn't include the right park cars or to put in utility lines. An easement for "access and utilities" probably doesn't include parking. An easement for "all purposes for which a public highway might be used" would probably include parking and utilities. An easement usually serves only the property to which it is granted. For instance, if you have a driveway easement over your lot to the lot behind you, the rear lot owner can't turn around and grant an easement to the shopping center behind him and increase the amount of traffic over your property. The harder and more common problem is when the back land changes character. For instance: you have an easement over your land to serve the land in the back and, when granted, the back land was 40 acres with one house. Then the back land gets subdivided into 20 building lots and suddenly there are 40 cars a days using the easement instead of 2. That might be considered "over burdening" the easement but it's a judgment call(unless the grant was very specific about the use) and depends on what side of the bed the judge got out on this morning. When you grant an easement, you give only the rights specified, you still own the land under it.  In general you can do anything you want to the property subject to an easement as long as it doesn't interfere with the right granted.  If the easement is 30 feet wide and the driveway pavement is 12 feet wide, you can landscape and maintain the rest of the property or do anything else that doesn't interfere with the neighbor's right to use it for access. The easement holder has the right to come on the property for maintenance and repairs unless the grant specifies otherwise(a common driveway should be set up with clear provisions for who is responsible for, and who pays for, maintenance). Bear in mind that these are general rules and they can modified by law or court judgment in each jurisdiction. California has some very unique easement rules so, if you have a specific legal issue with an easement, you need to consult with an experienced local attorney.

[Wevers]

It depends It depends on the language of the easement. Generally, an easement grants the rights specified and no others. For instance, an easement to "pass and repass for access" doesn't include the right park cars or to put in utility lines. An easement for "access and utilities" probably doesn't include parking. An easement for "all purposes for which a public highway might be used" would probably include parking and utilities. An easement usually serves only the property to which it is granted. For instance, if you have a driveway easement over your lot to the lot behind you, the rear lot owner can't turn around and grant an easement to the shopping center behind him and increase the amount of traffic over your property. The harder and more common problem is when the back land changes character. For instance: you have an easement over your land to serve the land in the back and, when granted, the back land was 40 acres with one house. Then the back land gets subdivided into 20 building lots and suddenly there are 40 cars a days using the easement instead of 2. That might be considered "over burdening" the easement but it's a judgment call(unless the grant was very specific about the use) and depends on what side of the bed the judge got out on this morning. When you grant an easement, you give only the rights specified, you still own the land under it.  In general you can do anything you want to the property subject to an easement as long as it doesn't interfere with the right granted.  If the easement is 30 feet wide and the driveway pavement is 12 feet wide, you can landscape and maintain the rest of the property or do anything else that doesn't interfere with the neighbor's right to use it for access. The easement holder has the right to come on the property for maintenance and repairs unless the grant specifies otherwise(a common driveway should be set up with clear provisions for who is responsible for, and who pays for, maintenance). Bear in mind that these are general rules and they can modified by law or court judgment in each jurisdiction. California has some very unique easement rules so, if you have a specific legal issue with an easement, you need to consult with an experienced local attorney. JBENZ 75 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Seward]

Governance over easements is by local ordinance, so your best bet would be to contact the county, possibly the zoning commission. As a rule, you can do any kind of landscaping you want on an easement. Lots of people around here plant shrubs and flowers on them, to hide the view of those ugly little utility "mushrooms."  Our friends across the street built their garden shed on the easement - although they needed permission from the city. A lot of other people plant vegetable gardens, or set up play structures for their kids, but once again, you usually need permission to build anything.   If you get along with the neighbor - is it a private landowner, a corporation, what? You can probably negotiate how you will share the land. As always - it's a good idea to talk to a lawyer about any legal issues. Your local Bar Association will have a referral service that can find you one who will talk to you for a small fee.