Q: how long before a deeded easement can be terminated Can said easement be terminated without all parties approval
3 separate deeds are associated with said easement. One person is trying to prescribe it to himself. We are trying to stop it.
He has it blocked off and gated.
Is he trespassing?And can a peace officer force the re opening of the easement?
He is trying to show abandonment. And is that enough for him to completely close it off and aquire it for his own?
What about the taxes being paid? Does his title include the portion of the easement being it goes through his land? Or are the taxes paid separately or paid at all?
A:
Under California law, a deeded easement can typically be terminated only with the agreement of all parties involved, through a court order, or through abandonment or non-use over a period prescribed by law, usually five years. However, non-use alone, without intent to abandon, is generally not sufficient to terminate an easement. If one party is trying to claim an easement by prescription, they must use the property openly, notoriously, continuously, and hostilely for five years.
Blocking off and gating an easement could be considered trespassing if it interferes with the rights granted by the easement. A peace officer may assist in enforcing the reopening of an easement if ordered by a court, but typically law enforcement will not intervene without a court directive. It’s essential to seek legal action to prevent unlawful restriction of access.
Regarding taxes, the ownership of the easement does not typically affect property taxes; the landowner usually pays taxes for the entire property, including the area under easement, unless otherwise specified. The title does not include separate ownership of the easement area; it remains part of the landowner’s property, subject to the rights granted by the easement. If there are concerns about abandonment or improper closure, it is important to consult with legal counsel to address the situation effectively.
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.
