How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

Hello, I own a house that has a 10 wide 70 long easement

This answer was rated:


I own a house that has a 10' wide 70' long easement down one side of my property, that allows access to a small city parcel with a shack on it. The owner rented the shack to people who consistently parked in the easement an blocked my cars from getting in and out of my property. The tenants were recently evicted by the city, and the owner was ordered to do some major repairs.
My question: Is there any way that I can have this easement removed/cancelled? I dread the thought of this same situation occurring again in the future. I read that if I block the easement for 10 years, and the owner of the rear property is unable to use it and he does not enforce his rights, that he loses his right to use the easement permanently. Is that true?

Thank you!

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.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

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.

TexLaw and 3 other Legal Specialists are ready to help you