Easement and Encroachments
Easements and encroachments are common issues in California real estate. Unfortunately, not all easements are carefully drafted, and many are not even in writing.
An easement gives someone the right to use land owned by another for a specific purpose, such as a utility easement that a utility company the right to run a gas line through a housing development, or a homeowner who has the right to use a shared driveway across a neighbor lot.
These types of easements are usually in writing and, when carefully drafted, are beneficial to both parties.
Unfortunately, not all easements are carefully drafted, and many are not even in writing. Some are even created by long term use of someone else’s property without permission, resulting in the user gaining the legal right to continue to use the property, even over the owner’s objections.
Encroachments are often more obvious than easements and typically involve a building or other structure owned by one person that is built on someone else’s land. While, if acted on promptly, encroachments are relatively simple to have removed, with little risk to the owner of the property encroached on.
If you need an easement drafted, an encroachment removed from your land, or someone else is claiming an easement across your land, we can help you understand your rights, where appropriate, negotiate and draft an easement for you, or where necessary, prosecute your rights.