How do California property easement laws determine use of easement?

California property easement laws allow for someone to use the land that another person owns for a certain purpose. This is not something that happens every once in a while. There are many properties that fall under the easement category. It could be for phone or power lines, different types of piping systems, and it could also be pertinent to neighbors sharing different sorts of fencing. In addition, someone may have to drive over someone’s land to gain access to a road that is taxpayer owned.   

The easement laws in California are not always clear and it is not strange for two people to gather a different idea from the same law. If you have an issue with a California easement law, you should research it for clarification to determine if you are in the right or if the other party is.

Usually, the easement authorizes the rights to someone in particular and that is it. It is quite simple in this regard, it someone that is listed on the easement is allowed to gain access and to return on that same part of your property or gate for instance, that party does not have the legality to park their automobile on your land or jack up some utility lines for instance. Not without your permission of course. Also, if the easement is tied to utilities, most likely the easement will forbid anyone to access your property just for the need to drive through it.  

An easement in California frequently only is linked to the real estate to which it is tied to. For example, there are driveway easements that authorize a particular party or entity but this does not allow them to have access to your back or front yard, and inside your home. It is only for your driveway and there is not any ambiguity here. If there was a legitimate reason why someone or an organization wanted to alter the easement as to include your back yard for instance, they would have to take this situation to court and make their case. Only the court can alter the easement and the court will allow you to speak on your behalf as well. Do not be alarmed, you would still own the land or your back yard in this case.