Q: Is it legal for a person to block off a deeded easement to try and create the closing of it
We feel he has forcibly blocked off the easement to show it’s been abandoned to ultimately shut it down altogether yet it would restrict our access to our property
A:
Under California law, blocking off a deeded easement without legal justification or the consent of all parties who hold rights to it is generally not permitted. Easements are created to ensure access or other rights to property owners, and any attempt to unilaterally modify, obstruct, or terminate these rights can be subject to legal challenge. The intentions behind such actions, including attempts to demonstrate abandonment, do not automatically lead to the closure or termination of the easement rights.
If you find your access restricted by someone attempting to block a deeded easement, it's important to know that there are legal mechanisms in place to protect your rights. California law recognizes the importance of maintaining the integrity and intended use of easements. Engaging in dialogue with the party obstructing the easement might resolve the issue, but if this fails, legal remedies, including seeking a court injunction to remove the obstruction, can be pursued.
Given the complexities surrounding easement law and the specific nuances of each case, seeking advice from a legal professional experienced in property law in California would be a prudent step. They can offer guidance tailored to your situation, help navigate the legal process, and work towards ensuring your access rights are upheld. Keep in mind that timely action is crucial in such matters to prevent any implication of acquiescence or abandonment of your easement rights.
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