Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.
I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.
An easement is a covenant that runs with the land, despite the change of title
of the land. They are very hard to extinguish. However, there are a few avenues you can pursue. The first is to offer to purchase the easement from the city. The second is to offer to move the easement to a different part of the land, which would ease the access problems you are having. Third, you can attempt to adversely possess the easement. You would do this by blocking access to the easement with a fence. In California, you would have to maintain continued and adverse control over the easement and not allow any access to it for a period of five years. However, you must also pay taxes for that part of the property. Since it is an easement, it is likely included in the calculation of the lot size for tax purposes. Should you be able to maintain continuous adverse possession
for five years, you may actually be able to destroy the easement.
In regard to someone parking on the easement or trying to remove your fence, you should treat the easement like it is your absolutely property if you are going to attempt an adverse possession.
An alternative would be to sue the people who are blocking your access to your own property. The right to use an easement does not give anyone the right to hamper access to your property. You would sue for equitable relief under a "nuisance" theory and would ask for an injunction against the party and for attorneys fees.
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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation
, you should consult with an attorney licensed to practice in your state.