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  1. #1
    Join Date
    May 2018
    Posts
    5

    Default What Can a Person Do with Their Egress/Ingress Easement

    My question involves real estate located in the State of: California. My neighbor has a 10 foot wide driveway through my property, I just discovered there is an old, 1968 title on his property, not my title report, granting him a 60 foot easement. My concern is what can he do within the easement? I installed a privacy fence at the top of our hill along the driveway, but he says I can't because it is in the easement. It is my property, isn't it?

  2. #2
    Join Date
    Nov 2013
    Posts
    6,213

    Default Re: What Can a Person Do with Their Egress/Ingress Easement

    Yes, it is your land.

    If there is an express grant of the 60 foot easement, then your neighbor has the use of that 60 feet for the intended purpose i.e. ingress and egress. He can't park cars or put up sheds for example on the easement. But in CA, the servient and dominant estates have to accommodate each other to minimize the servitude on the servient estate if this is a non-exclusive easement. And the servient estate cannot do anything on the easement that substantially impedes the use of the easement for ingress and egress.

    If putting a fence up that still allows the dominant estate easy access to their property, that would be allowed under CA case law. On the other hand, if it significantly impedes the use of the easement, a court could require the removal of the fence. The exact facts matter and only a court can make that ruling if the dominant and servient estates cannot come to agreeable terms.

    Bottom line is just because your fence is on the easement doesn't mean you can't have it there if it doesn't cause undue burden on the neighbor using his driveway.

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