Paving an easement

[jimbabwe]

What is the name of your state? California

I have a 50 foot, deeded road easement on my neighbor's property. Currently it's in its natural state (underbrush). I am building a new garage and need to use the easement to access it. The Grant Deed (in my benefit) is worded "(neighbor) grants a non-exclusive easement for road purposes over the northerly 50 feet of (neighbor's lot) which easement is for the benefit of (my lot) without limitation, into which the dominant tenement (me) may be divided as to ownership."

Do I have the right to clear the underbrush and pave a road to my garage on the easement? The garage is set back from the easement according to the setback requirements, so the road extending 15 feet from the garage to the road on the easement would technically be called my driveway.

Do I need the neighbor's permission or approval for my paving?

Thanks!

Jim

 

[FarmerJ]

Paving it and just clearing weeds and brush are 2 different things Both may raise a stink BUT you should consider not spending any money improving what you dont own but only benefit from . If your easement grants you consent to inprove or maintain the easement then you do so at your own cost , You might just as well go talk this over with them and see how they feel , they cannot stop you from using it. but might want to have the chance to maintain it them self . If your on good enough terms maybe they will grant you written consent to pave it . A local real estate atty can assist you with any documented changes that you 2 make .

 

[jimbabwe]

The easement grants me only what I've quoted in my initial question ("for road purposes"). It is no more specific than that.

I don't mind if I improve the easement for my benefit. I'm not looking for any help from the neighbor for the cost of the improvement.

My main concern is whether the neighbor can tell me I CAN'T clear the brush and extend the roadway (paved or not) so as to be able to access my garage. My understanding, from reading many law cases found in Google searches, is that if I make reasonable use of the easement to access my property, rather than just bulldozing indiscriminately, I am within my rights. If there is no other REASONABLE way to access my gargage, I may use the easement for such purpose, and as much of the easement as is reasonably necessary, but no more.

If I did not use the easement, I could build a driveway, on my property, to my garage, but only have 15 feet in front of the garage (before being met by a 7 foot high retaining wall at the property/easement line) for pulling in and backing out. So, I am planning to grade some of the easement, essentially making it into a small, private road for the use of both me and my neighbor, so that I may have a REASONABLE entry into my garage.

Do you think I am within my rights to do what I have specified above, given the wording of the Grant Deed for the easement?

Do you think the neighbor can prevent me from PAVING the easement, since the slope UP the easement to my proposed 15 foot DRIVEWAY into my proposed garage would be too steep to NOT be paved?

Thanks for your advice!

 

[FarmerJ]

See a local real estate lawyer , any changes you make when you dont have written consent can lead into your neighbor suing you to remove and restore any damage you do . yes damage . see even if its a improvement with no written consent you are damaging someone elses property . so go see a local real estate atty .

 

[jimbabwe]

FarmerJ,

No disrespect intended, but, I must disagree with you.

I have read many cases available online, and it seems quite clear that the dominant tenement of an easement may use and improve that easement, in a reasonable manner, and as necessary, to provide access to the dominant tenement's property.

The question of who is responsible to pay for and maintain that improvement is less clear, but of no interest to me. I will be making the most, if not all, use of the improvement and am therefore happy to pay the full cost of the improvement.

My desire is to get some LEGAL advice on this forum, not neighborly advice from someone who is not a licensed and experienced attorney.

Sure, the neighbor can sue me (anyone can sue anyone, even if the suit is completely baseless), but, will he WIN? I don't think so. However, as I said earlier, I'd like the opinion of a licensed attorney on the matter, and would like it here, on this free advice forum.

Do you really think I need to post a thread in this forum for someone to tell me to consult a licensed real estate attorney in my state?

So... any licensed attorneys out there... I'd really like to hear YOUR opinions on this situation...

Thanks...