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Removing a property easement in California

On Behalf of | May 19, 2020 | Commercial Real Estate, Real Estate |

There are many properties across California that have an easement on them. These easements are legal and sometimes, not so legal, agreements for nonowners of a property to use the property. Sometimes a property owner no longer wants to have an easement on his property for whatever reason. In these cases, there are ways in which to legally remove an easement.

Easements that were instituted many years ago may be able to be removed by having the title quieted. A person can file a quiet title action and announce the intent to have the boundaries agree with a current survey. An example of this could be an easement which mentions a certain person using the property for some reason and the person mentioned is deceased. A second way way is when an easement is created with an end date in mind. For instance, a utility company may need to run across a person’s land in order to put in a line but once the project is complete the easement is no longer needed. Another way is if the reason for an easement is destroyed. If a driveway that serves two households is removed and two separate driveways are installed, then an easement is no longer necessary. Or if an easement was created for a power company to install lines and the power lines have since been torn down then the easement becomes void. If two adjoining properties share an easement and one property owner buys out the other and combines properties, then the easement would no longer be needed. Finally, if two property owners agree that the easement is no longer necessary, they can sign an agreement releasing the easement.

Many times, easement disputes can be tricky. An attorney who specializes in California property rights can advise their client on their easement issues and offer solutions. There are many legal ways an easement can be removed and knowing the law can be important in resolving disputes and removing an easement.

Real estate and property law attorneys can help landowners understand the easement on their property and help with their concerns. Many property easements go back decades and can have a significant impact on a person’s land.