In California, real estate often presents unique challenges given the state’s size, population density, and the variety of properties involved. One of the most complex and frequently contested areas of property law revolves around easements—rights held by non-owners to use another person’s property for specific purposes.
Easements can serve a variety of purposes, including utility infrastructure, irrigation water delivery, parking and ingress-egress, shared private roads, common fence lines, and even
preservation of a view.
Disputes surrounding easements often arise, requiring a thorough understanding of the laws governing them, and the resolution processes available.
Understanding Easements in California
An easement is a legal right to use another’s land for a specific purpose, without owning
the land itself. It represents a limited interest in real property, distinct from ownership. Easements can be appurtenant, benefiting a specific piece of land (the dominant estate), or in gross, benefiting a person or entity without direct connection to a specific
property. Understanding the types and purposes of easements is essential in resolving
disputes that may arise between property owners and those claiming rights over their
land.
Types of Easements
1. Express Easements: These are formal easements, created through a written agreement or deed, where the property owner grants specific usage rights to another party. These easements are typically recorded with the county recorder’s
office. These are commonly found in deeds, CC&Rs, HOA articles, survey maps,
and other written documents.
2. Implied Easements: Implied easements arise without a formal agreement, often
based on circumstances or the long-standing use of property. These typically
come into play when a property is divided and access to one parcel depends on
crossing another. These often arise from subdividing a parcel of land.
3. Prescriptive Easements: In California, a prescriptive easement can be
established through continuous, open, and notorious use of another’s property
for at least five years. This usage must be adverse to the interests of the property
owner, meaning it occurs without the owner’s permission. These easements are
what most people think of as “adverse ossession.” These are difficult to obtain in
California because the use has to be open and notorius in order to qualify as
“adverse” to the property owners.
4. Easement by Necessity: These arise when a property is landlocked, and the
owner must cross another’s land to access public roads. Easements by necessity
are recognized by courts to prevent unfair denial of access to landlocked parcels.
A subdivided parcel of agricultural land is the most common way for these to
arise. However, California courts require absolute necessity. There can be no
other way to access the property, even if it is less convenient.
5. Utility Easements: Often created for public utilities such as electricity, water, and
sewer lines, utility easements allow companies to install and maintain
infrastructure on private property without taking ownership of the land. These
typically require the encumbered landowner not to build on the land and not to
restrict access.
Common Sources of Easement Disputes
Easement disputes in California frequently occur when property owners or users
disagree over the extent or nature of the easement’s use. The following issues are
among the most common causes of contention:
1. Unclear Boundaries or Scope: Easements are often poorly defined, leading to
disagreements about where they begin or end, or the scope of the rights granted.
For example, a dispute might arise over whether an easement allows vehicular
traffic or is limited to foot traffic.
2. Interference with Easement Use: Property owners might build fences, install
gates, or take other actions that interfere with the easement holder's ability to use
the property as intended. Alternatively, an easement holder may overuse the
easement, exceeding what was agreed upon or reasonably implied.
3. Unauthorized Expansion of Use: Easement holders sometimes expand their use
beyond the original agreement or what is reasonably necessary, leading to
conflicts with the property owner. For instance, an easement granted for
residential use might be expanded to commercial use without permission.
4. Disputed Easement Creation: Disputes can arise when a party claims an
easement by prescription, necessity, or implication, and the property owner
contests the validity of the claim. These situations often lead to litigation, as the
burden of proof for establishing such easements can be complex and fact-
specific.
Resolving Easement Disputes Outside of Litigation
Easement disputes can be contentious, but litigation is not always the first or best option
for resolution. In California, property owners and easement holders often turn to
alternative dispute resolution (ADR) methods, which can be faster, less expensive, and
less adversarial than going to court.
Mediation
Mediation involves a neutral third party (usually a retired judge or long experienced real
estate lawyer) who helps the disputing parties negotiate a mutually acceptable solution.
The mediator does not have the authority to make binding decisions but facilitates
communication and helps clarify the issues. Mediation is particularly useful in easement
disputes where relationships between neighbors need to be preserved. In fact, the most
common contract forms used for land sales are from the California Association of
Realtors, and, in most cases, the form langauge requires mediation before filing a
lawsuit.
Arbitration
Arbitration is a more formal ADR process where an arbitrator acts as a private judge,
hearing evidence and making a binding decision. While arbitration can be quicker and
less formal than litigation, it is typically more adversarial than mediation and may limit
the parties’ ability to appeal the outcome. This may not be a factor in a straight forward
breach of contract dispute, but is ill advised for “prescriptive easements” and “adverse
possession” because they are fact intensive claims. There is limited ability to conduct
discovery or subpoena testimony, and to present evidence at the hearing. Nevertheless,
in many cases, arbitration is required by a contract or agreement between the parties.
Check a detailed guide on how a Sacramento real estate lawyer can help.
Litigating Easement Disputes in California
When ADR methods fail, or if a party is unwilling to negotiate, litigation may be
necessary to resolve the dispute. In California, easement disputes are typically resolved
through civil lawsuits, and the litigation process can be complex, requiring a clear
understanding of the legal standards governing easements.
Filing a Lawsuit
The first step in easement litigation is filing a complaint with the appropriate court. The
plaintiff may be the property owner, seeking to terminate or limit an easement, or the
easement holder, seeking to enforce their rights. The complaint will outline the facts of
the case, the legal basis for the claim, and the relief sought (such as an injunction or
damages).
Discovery
Once a lawsuit is filed, both parties will engage in discovery, where they exchange
evidence and information relevant to the case. This may include property records,
witness statements, and expert testimony about the history and use of the easement.
Discovery can be time-consuming and expensive, but it is critical to building a case.
Summary Proceedings
Easement disputes are frequently adjudicated by a Motion for Summary Judgement.
These motions will deal with any disputes of law but not factual disputes. So many
easement disputes have no real factual disputes, the documents are what they are and
the outcome is based upon interpretations of the documents and law.
Court Proceedings
If the case proceeds to trial, a judge or jury will consider the evidence presented by both
parties and make a determination based on the facts and applicable law. Most easment
disputes do not seek significant monetary damages, instead most litigants are seeking
an order of the court declaring the existence of an easement or a fact finding the
easement use exceeded the scope of the easement.
Courts have broad authority to grant various forms of relief, including:
Injunctions: Orders to stop or modify the use of the easement, such as removing a
fence that blocks access.
Damages: Compensation for any financial losses caused by the easement dispute,
such as decreased property value or repair costs.
Declaratory Judgment: A court declaration of the parties’ rights and responsibilities,
clarifying the scope or existence of the easement.
Appeals
If either party is dissatisfied with the trial court’s decision, they may appeal to a higher
court. However, appeals are typically limited to reviewing whether the trial court
correctly applied the law, rather than re-examining the facts of the case. Appellate
litigation can be costly and time-consuming, so parties should carefully consider the
risks before pursuing this option.
Important Legal Considerations in California Easement Litigation
Statute of Limitations
The statute of limitations for easement disputes varies depending on the nature of the
claim. For prescriptive easements, the statutory period is five years of continuous,
adverse use. Other types of claims, such as trespass or breach of contract, may have
different limitation periods, so it is essential to consult with an attorney early in the
process.
Easement Maintenance and Repair
In California, the party benefiting from the easement is typically responsible for its
maintenance and repair unless otherwise agreed. This means that if the easement is for
a driveway, for example, the easement holder must maintain it in a usable condition.
Disputes often arise when one party believes the other is not fulfilling these obligations.
Conclusion
Easement disputes in California can be complex and expensive. Whether you are a
property owner or an easement holder, it is crucial to understand your rights and
responsibilities under California law. Resolving disputes through negotiation, mediation,
or arbitration is often preferable, but when litigation becomes necessary, a well-
prepared legal strategy is essential.
By understanding the legal framework governing easements and the available dispute
resolution methods, parties can navigate the complexities of easement disputes more
effectively, ensuring that their interests are protected while minimizing the costs and
burdens of prolonged litigation.
