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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37063
Experience:  16 years real estate, Realtor. Landlord 26 years
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We live on a private road along with three other residences.

Customer Question

We live on a private road along with three other residences. We understand that these other three residences have easement rights through our property. However, there are several people who do not live on our road who are cutting through our property. We feel that in order to have easement rights through our property they must live directly on our private road. Is this true?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: The State of California the county of El Doradoe
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

We feel that in order to have easement rights through our property they must live directly on our private road. Is this true?

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For the most part yes. Easement rights are determined by statutory and contract law....basically if the law gives someone an easement..such as over a landlocked parcel, or if an easement is created by contract like in a deed.

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But only the actual easement holders have the right to cross over the "servient estate" (i.e. the land the easement is on) and that right doesn't extend to the general public. An easement is a property right and is exclusive to the owners of that easement right.

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So if you have other random people crossing over your land who are not easement holders, then they are legally trespassers and are violating the law and your property rights when they cross your land without permission.

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thanks

Barrister

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