What is the name of your state? Califorina
Hello,
Last year I purchased a property in rural California. At that time I was told that the property had no easements on it but for a ’10 Public utilities access easement that ran along the south property line. The neighbor that had lived on the lot next to me had used a dirt driveway to get in and out of his garage (The garage section of their house is about 15 feet from my property line.). Now that dirt drive is also used for Public Utilities, and that neighbor had no other way to get to his house. That drive does cross onto my property and then back to the lot next door. Now flash forward to this spring. New owners take over the lot next to us. The say they have “Found” an easement in records that says they have the right to have an easement road being 40 feet in with. They have in the last few weeks done quite a bit of tractor work and widened the access road to their house (On their property) by a good 15 to 20 feet.
Now by doing this, they have made the need for an easement over my land unnecessary, but when I bring up the subject of moving the drive completely over to their land they start a verbal attack. Do I have any chance of having the easement amended now that the reason for the original easement has changed? My understanding of an easement is that the scope of an easement is not defined by its physical characteristics, but by its purpose.
An easement holder can make only such use of an easement as is reasonably necessary to accomplish the purpose for which the easement is granted and the remaining dominion over the land upon which the easement lies continues with the servient landowner.
Now that the new landowner has ample access over his lot due to improvements made by him. Can’t I fight to have the parts of the old roadway that now has no use be removed? In other words, the new neighbors don't have a real use for this road, they just want it.
Any Help?
Kenn
Hello,
Last year I purchased a property in rural California. At that time I was told that the property had no easements on it but for a ’10 Public utilities access easement that ran along the south property line. The neighbor that had lived on the lot next to me had used a dirt driveway to get in and out of his garage (The garage section of their house is about 15 feet from my property line.). Now that dirt drive is also used for Public Utilities, and that neighbor had no other way to get to his house. That drive does cross onto my property and then back to the lot next door. Now flash forward to this spring. New owners take over the lot next to us. The say they have “Found” an easement in records that says they have the right to have an easement road being 40 feet in with. They have in the last few weeks done quite a bit of tractor work and widened the access road to their house (On their property) by a good 15 to 20 feet.
Now by doing this, they have made the need for an easement over my land unnecessary, but when I bring up the subject of moving the drive completely over to their land they start a verbal attack. Do I have any chance of having the easement amended now that the reason for the original easement has changed? My understanding of an easement is that the scope of an easement is not defined by its physical characteristics, but by its purpose.
An easement holder can make only such use of an easement as is reasonably necessary to accomplish the purpose for which the easement is granted and the remaining dominion over the land upon which the easement lies continues with the servient landowner.
Now that the new landowner has ample access over his lot due to improvements made by him. Can’t I fight to have the parts of the old roadway that now has no use be removed? In other words, the new neighbors don't have a real use for this road, they just want it.
Any Help?
Kenn