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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42191
Experience:  Texas Attorney for 30 years dealing in real estate
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What controls are allowed by the property owner over the

Customer Question

What controls are allowed by the property owner over the easement owner?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

The easement owner here, you have right to access without interference .You would be protected here under the terms of the easement and have free access without interference.An express easement is created by specifically granting or reserving an easement to another by way of a deed or other legal instrument.

In California here theexpress easement exists when a landowner voluntarily agrees to burden his own land. For example, assume that there are two adjoining landowners, A and B. B has access to a public road over B’s own land, but the road is unpaved and can be difficult to travel over in heavy rain. B approaches A and asks A whether A would allow B to travel over A’s paved portion of land to the public road. If A agrees, A has granted an express easement. Because such an easement is an interest in land, it must be in writing to be enforceable. This requirement is found in Section 1624 of California’s Civil Code, commonly referred to as the “Statute of Frauds.”

You have rights here, you may need a local lawyer to enforce them through the courts if necessary here in California Superior Court.

I appreciate the chance to help you tonight.Thanks again and Happy Easter.Sorry you are having to deal with this.

Expert:  Ray replied 1 year ago.

You can locate a local real estate lawyer here to protect your interests..

Expert:  Ray replied 1 year ago.

If you can positive rate when we are done it is always much appreciated.