Who Pays For Easment Improvements?

[Richman900]

Hi, I live in California, in Marin County and I had just recently purchased a lot behind another property. The lot came with a deeded 10 foot easment that runs on the side of the neighbor’s lot adjasent to the property line.
The deed states:

"An Easement for ingress and egress and public utilities appurtenant to Lot 1, in block A, Map above referred to, 10.0 feet in width, lying Northerly of and adjacent to the Southerly line of Lot 19 in Block A, Map above referred to".

The problem I am having is that the driveway that I intend on building sits between two neighbors lots right along the property line. It is a steep hill that would need to be grated to make a driveway leading to my lot in the back. I would need to have a retaining wall built on both sides of the driveway to stop erosion onto the new driveway and to prevent erosion onto a second neighbor’s lot. Who is responsible for the retaining walls considering that the easement sits on the neighbor’s lot? Also, the neighbor wants to use part of the new driveway to access the back of his lot, should he help pay for the retaining wall and the driveway that will sit on his lot?What is the name of your state (only U.S. law)?

 

[justalayman]

generally the user of the easement is responsible for any costs to create and maintain the easement. After all that is who it is for.

altering the terrain such as you suggest could be big problem. You are generally not allowed to make such alterations unless it is necessary or the servient tenant is agreeable to the alterations. You generally get to play the game with the cards that are dealt as long as it is possible to use the easement without such a major alteration. You need to discuss this with the servient tenant prior to undertaking any alterations. While it may not be to your liking, as long as the lane is passable with the incline as it is, you have no rights to make a unilateral decision to alter the grade of the land.

unless the neighbor is also a dominant tenant of the easement, he has no legal rights to use the easement and you have no right to allow him to use the easement. Only the servient tenant can allow use of the easement outside of what you are allowed to use it as per the grant.