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  1. #1
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    Default What Can the Servient Estate Place in an Easement

    My question involves real estate located in the State of: CA

    I have a dominant title for a right of carriageway easement to access my property.

    The owner or servient title does not want me to use it, we have had words and in the last year, he has taken to placing election campaign signs in my easement, the particular political party and candidate is someone that I don't support, do I have ancillary rights to the peaceful enjoyment of my right of carriage easement, so as to give me the right to remove the offending sign from my easment ?

    He also has placed a football team mascot in the easment as well, again I can't stand this team either.

    I know I have the right to peaceful and quiet enjoyment of my land, does this pass to my easment as I can't access my house without passing through this easement and I have no doubt he has deliberately placed these items in my easments to upset me.

  2. #2
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    Default Re: Peaceful Enjoyment of Easments

    The short answer is that the servient estate cannot do anything to impede the granted use of the easement. You, as the dominant estate have the right to remove any obstructions.

    Now with that being said, if the grant language says that the easement is non-exclusive, then the servient estate can also use the property for any purpose that does not impede the easement use. So if your beef is that you just don't like his team or his politics but the mascot and sign do not impede your use of the easement then you should not remove them. You can move them to a place on the easement where they don't obstruct ingress/egress.

    The easement is a non-possessory interest to use his land. But it is still his land.

    If you just remove them, you may find that you are going to piss the neighbor off enough to create much greater problems.

  3. #3
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    Default Re: What Can the Servient Estate Place in an Easement

    I think you have missed the point of the question, easements have ancillary rights, such as the right to maintain an easment surface, the right to install a gate in a common boundary fence to access an easment, the right to use the easment without being injured, the right to light an easment, the right to park in an easment to drop off goods, i am asking do I have ancillary rights for the peaceful enjoyment of the easment, as the easment is a right assigned to a land title and as a land owner your are entitled to the right of peaceful and quiet enjoyment of land.

    And for discussion, what if the signs where Swazitikas or anti abortion signs?

  4. #4
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    Default Re: What Can the Servient Estate Place in an Easement

    You're wrong regarding the rights you think you have and as long as the servient tenant does not impede the granted rights, he can do whatever he pleases with. HIS property.


    if you are a Jew the swastika would likely be considered a hate crime


    he can advertise his position on abortion on his prosperity.

  5. #5
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    Default Re: What Can the Servient Estate Place in an Easement

    From an overseas site.

    Easments Ancillary rights;
    Rights implicitly granted, unless expressly stated otherwise, to the proprietor of land gaining the benefit of an easement to do what is necessary for quiet enjoyment of that easement, eg the right to enter and repair or clear the easement site.

  6. #6
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    Default Re: What Can the Servient Estate Place in an Easement

    Overseas law has no meaning in the United States. However, what you posted is pretty much the same in this country but you are misinterpreting what it says.

    Rights implicitly granted, unless expressly stated otherwise
    This is true. So if you have an easement for ingress/egress, that is the implicit granted use. If the grant expressly stated that parking on the easement was permitted, you could park on the easement. But if not expressly stated, you couldn't park on the easement. This would be according to the common law (the case law). There can be no greater servitude created on the servient estate then was granted.

    to do what is necessary for quiet enjoyment of that easement, eg the right to enter and repair or clear the easement site.
    This is also true. If the grant were silent on issues of maintenance of the easement, the dominant estate has the right to enter, repair, or clear the easement. It is not only a right but is required according to the common law. That is as far as your rights go; Rights implicitly granted, unless expressly stated otherwise.

    Quote Quoting Nomad123
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    The owner or servient title does not want me to use it, .
    He can't stop you from using the easement as it was granted and you can't stop him from using his property as he wishes with a non-exclusive easement as long as he doesn't impede your use.

  7. #7
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    Default Re: What Can the Servient Estate Place in an Easement

    Nomad, could you please post the exact granting language? That will help decipher the situation.

  8. #8
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    Default Re: What Can the Servient Estate Place in an Easement

    I don't think the language here will help very much given that the grant is for a carriageway (very old term for a right-of-way) and given that exclusive easements are rare which would be the only way that the neighbor could not put up a sign.

    OP, here is an often cited case in CA that will explain many of the settled doctrines in easement law. You should consider reading it.

  9. #9
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    Default Re: What Can the Servient Estate Place in an Easement

    The easment is for right of carriage only, and is the standard wording

    Basically the right to pass and repass to the benefitting land.

    No other uses or restrictions are mentioned.


    I appreciate that my quote was from overseas, but they imply the right to quiet enjoyment is associated with an easment.

    I can also appreciate that it would be most likely viewed in the context of excercising the right to pass and re-pass, ie. road repair, but could quiet enjoyment be viewed outside the bounds of a physical obstruction on a dominant easment.

    On a different point, I can find case law that has found that it is possible to park in a residential easment, but this was a very unique case and was associated with the intent in creating the easment.

  10. #10
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    Default Re: What Can the Servient Estate Place in an Easement

    Unless the grant states you can park on it, you can't park on it no matter what your claims are.

    You get to drive up and down the lane; that's it. If the owner wants to stand on the lane and give you a raspberry every time you pass, he can as long as he doesn't impede your travel. If he wants to put up signs, as long as the verbiage is legal, he can as long as they don't impede your travel


    you need to accept this is his land with you simply having a right to use it for the very limited purpose of accessing your property.

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