| Alan R. Horvath, Attorney at Law |
| Real Estate - Easements |
Easements for access to rural land are perhaps the most contentious legal issues to address. You need to
concern yourself not only with the access you need, but also with possible access by others across your property.
Legally deeded easements are preferred. If they do not already exist, you may wish to contact prospective neighbors to
determine if they are willing to sell you a deeded easement. If neighbors are uncooperative, it is possible to have an
easement created by court order. The preferred way for that to happen is when the parcel needing the easement and
the parcel to provide it were at one time under common ownership, and when the split was made, it would have been
necessary to have the proposed easement to gain access to the created parcels.
It is also possible to have a court created easement based on use of the access without permission for a period of at
least 5 years. Such an easement by adverse possession is not popular with the courts, however, they are legally
required to order it if the conditions are met. Such an easement is extinguished if it goes unused for 5 years.
While a recorded easement solves the basic access question, you also need to consider and address the needs for
common maintenance agreements. If disputes arise in the absence of any such agreement, the court may require
maintenance contributions.
concern yourself not only with the access you need, but also with possible access by others across your property.
Legally deeded easements are preferred. If they do not already exist, you may wish to contact prospective neighbors to
determine if they are willing to sell you a deeded easement. If neighbors are uncooperative, it is possible to have an
easement created by court order. The preferred way for that to happen is when the parcel needing the easement and
the parcel to provide it were at one time under common ownership, and when the split was made, it would have been
necessary to have the proposed easement to gain access to the created parcels.
It is also possible to have a court created easement based on use of the access without permission for a period of at
least 5 years. Such an easement by adverse possession is not popular with the courts, however, they are legally
required to order it if the conditions are met. Such an easement is extinguished if it goes unused for 5 years.
While a recorded easement solves the basic access question, you also need to consider and address the needs for
common maintenance agreements. If disputes arise in the absence of any such agreement, the court may require
maintenance contributions.
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |
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