Fresno, CA asked in Land Use & Zoning and Real Estate Law for California

Q: How do I get rid of an easement that goes through both mine and neighbors properties? I want to separate properties

We bought home in December and easement was stated in our paperwork. The neighbor has prior history of harassing previous owners and we thought we would be different by trying to create friendship but this is not the case. She is now harassing my son. How do I null this easement and create a drive way on my property and she create on her property?

1 Lawyer Answer
James A. Greer
James A. Greer
  • Real Estate Law Lawyer
  • Boulder, CO
  • Licensed in California

A: Dear Easement Issue Owner: This issue is too "heady" for a brief reply on this forum. While we have MANY qualified attorneys whom participate in the JUSTIA system, I don't think any of us can make a thoughtful response to this issue without MUCH MORE information/documents/history. If the easement is recorded, you aren't able to merely "nullify it". The plain fact that that one party to an easement agreement wants out, certainly doesn't make it a certainty that will be the outcome. The analysis includes Dominant Tenement and Servient Tenement purposes, and the applicability of California case law which flows from Civil Code sections 801-813. Your respective Grantor-Grantee easement relationship requires: legal analysis, potentially a demand-and meeting stage, and thereafter potentially litigation. I am sorry for this explanation but you may as well know that the easement laws are complex (and sometimes quite emotional). I would urge you to present all of your paperwork and issues to a Fresno-based real estate attorney - it will be worth it in the long run for you to get a better understanding of Easement Laws.

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