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Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I sold a property with an egress ingress easement through

Customer Question

I sold a property with an egress ingress easement through it. That original owner then sold that property and easement to a connecting land neighbor who is no longer landlocked from that property. Currently I have several issues with the new owner including the death of a dog that was ran over, driving ATVs with under age non licenced drivers, driving with aggressive dogs that fight with servient land owner's dogs disrupting the harmony of the property, trespassing on properties beyond the scope of the easement limitations and the refusal of the current easement owner to close gates crossing the easement in question. Legally what path can/should I follow to either limit access or possibly remove this easement all together since it is no longer needed due to no longer being landlocked from the new current owner?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation. You have a somewhat complicated set of legal issues surrounding your easement here.

This is non-exhaustive, there are probably other causes of action that would apply (and perhaps not all of these would be appropriate, but it is a good starting place):

  • You can sue the dominant easement for abuse of the easement (failure to close gates, excessive speed, damage to property, etc.).
  • You can sue the dominant easement owner for trespass (travelling outside the easement path)
  • You can sue the dominant easement owner for damage to personal property (the death of the dog that was run over)
  • You can sue the dominant easement owner for nuisance (noise, dust, etc.)

You could seek damages:

  • Money damages as compensation for property damage, trespass, nuisance (plus "exemplary" or "punitive" damages for the intentional conduct)
  • Declaratory relief: a court order requiring the dominant easement owner to refrain from specific conduct in the future or to comply with specific orders in the future (such as locking the gates)
  • You may even be able to get the court to dissolve the easement (if the easement is found to be an "easement by necessity" and the court makes a finding that the dominant property is no longer landlocked) - this does not often happen, but a situation such as the one you describe would be ideal for that to occur.

You will want a real property civil litigation attorney to represent you in this matter (I do not recommend trying to litigate this one on your own). You can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).