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Can My Neighbor Block Use of My Easement By Parking His Vehicle?

Can My Neighbor Block Use of My Easement By Parking His Vehicle?

Q: Can I put a driveway on an easement?

You generally cannot put a driveway on an easement without permission from the easement holder. An easement grants specific rights, and altering the land for a driveway could violate those terms. If you wish to create a driveway on an easement, you should seek a written agreement with the easement holder to avoid legal issues.

Full question:

I have a 25' easement across my neighbors property which is recorded in our titles. There is a 12' asphalt driveway which serves our house and another neighbor and the roadway is cut into a hill with dirt shoulders on both sides. My neighbor is parking a large RV on the shoulder of the road and we have asked him to move it which he is refusing to do. What are my legal rights regarding my 25' wide easement, can he park his RV there? What legal acting can I take? We live in Monterey County, California. He said 'it is wide enough of emergency vehicles to get around so what's the problem?' We have asked twice. We have been nice. We have written him a polite letter. Our other neighbors are supportive and share our position. Is this contract law, small claims or what level of enforcement are we talking about? Thank you.

Category: Real Property
Subcategory: Encroachment
Date: 04/07/2025
State: California

Answer:

Whether the vehicle encroaches on your easement will depend on interpretation of the language in the instrument conveying the easement, in order to determine whether the shoulder is included or not. An encroachment is a physical intrusion (location) of a structure, part of a structure or land use into the area of the easement or right-of-way contrary to the agreement. Depending upon the type of encroachment, the holder of the easement or right-of-way may require that the structure be removed or land use be terminated at the landowner’s expense. The landowner of the servient estate cannot act in a way to interfere with the easement’s purpose or use.

It may be possible to encroach on an easement. This requires the prior written approval of the holder of the easement or right-of-way. The approval is usually by way of an encroachment or amending agreement.

For further discussion, please see:

http://caselaw.findlaw.com/il-court-of-appeals/1010782.html

http://landusenews.blogspot.com/2005/06/everything-you-always-wanted-to-know.html

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the difference between a driveway and an easement?

A driveway is a private road providing access to a property, typically owned by the homeowner. An easement, on the other hand, is a legal right to use someone else's land for a specific purpose, such as access. While a driveway is usually maintained by the property owner, an easement allows one party to use the land of another without owning it, often for access or utility purposes.

Can a property owner block an easement?

No, a property owner cannot block an easement that has been legally established. Doing so would interfere with the rights of the easement holder. If an easement is recorded, the property owner must allow the easement holder to use the designated area without obstruction. If blocked, the easement holder may have legal recourse to enforce their rights.

Can I put a driveway on an easement?

What is an easement across another person's land?

An easement across another person's land is a legal right allowing one party to use a portion of another's property for a specific purpose, such as access or utility lines. This arrangement does not grant ownership but permits use according to the easement's terms. Easements are typically recorded in property records to protect the rights of the easement holder.

How do easements work in MN?

In Minnesota, easements are legal rights to use another person's property for a specific purpose, such as access or utility installation. They can be created through written agreements, necessity, or prescription. Easements must be recorded to be enforceable. Property owners cannot obstruct an easement once it is established, and disputes may require legal resolution.

How wide is a property easement?

The width of a property easement can vary based on its intended use and the terms set forth in the easement agreement. Common widths range from 10 to 25 feet, but it ultimately depends on the specific needs of the easement holder and the agreement with the property owner. Always refer to the recorded easement for precise dimensions.