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

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

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.