How to Amend an Easement in California

You may be able to amend an easement on your property that is keeping you from putting a property fence up or building and expanding your home.

An easement gives a property owner permission foe limited use of a portion of another person's property for a specified reason. This can be created by deed or ontract. When properties change hands, the needs of the owners change as well. This can make it necessary to amend an existing easement. In California there are four types of easements, easement by express grant, easement by prescription, easement implication and easement by necessity. In order to amend an easement, California law requires that you show a certain element no longer or never did exist. For instance, an easement by prescription requires the other property owner to show he has continuously and openly used the easement for at least five years. Whereas an easement by necessity is when the use of the property is essential to the other property owner, such as a shared driveway.

Instructions

1. Get a copy of the property description to determine what type of easement is on the property. The property description can be obtained by going to the recorder's office in the county in California where you reside.

2. Attempt to negotiate another agreement. If you conclude that the easement was created by a contract with the other property owner, you may be able to establish a new contract. It is possible that the easement is no longer of value to him and he may not object.

3. Sue the other property owner. Under California law, an easement by necessity, easement by implication and an easement by prescription all require the other property owner to prove certain elements that allow the easement to exist which may not be entirely beneficial or necessary to him. If you can show in a court of law that an element does not exist, the court may amend the easement and quite possibly remove it altogether.

4. Contact a California real estate attorney. Real estate law is extremely complex. An attorney can determine what type of easement is on your property and decide the best course of action.

References

• OCgov.com: Orange County Clerk-Recorder
• Onecle.com: California Civil Code 845
• Realestatelawyers.com: California Easement Law