I live in California and puchased a piece of property that lies on a private road which has a bridge on it. I have an easement on the road and bridge which belong to my neighbor. He has a business on his parcel which operates under a temporary use permit. In order to get this permit he had to subdivide two residential parcels and grant an easement. One of the lots is now developed with a residence. When the business and home were built the owner of the business granted access over the front of his property for the heavier loads (i.e. cement trucks).
My dilemma is this: The bridge is only rated to about 35,000 lbs. The heaviest loads may be in the neighborhood of 60,000-80,000 lbs. If he were to deny me to cross his property (because we are such good friends...) would I have any "right" to an implied easement because it had been used in the past for development of 2 out of 3 parcels? Assuming he denied access would he then have to retrofit the bridge to accomodate development on the parcels "he" subdivided for residential dwellings?
Any help is greatly appreciated. Thanks