My neighbors are claiming they have an easement on my property. Can I dispute this in California?

If you have neighbors who are claiming that they have an easement, or right of way, through your private property, and who are attempting to use it, you will probably want to dispute that claim. Otherwise, it may lead to them driving through your yard or otherwise utilizing your private property as their own.  In the state of California, you can dispute this claim under CA easement laws if you are willing to take it to court. However, California’s easement rights are unique among the western states with regards to how easements are handled.

• In California, even if you grant an easement, you still retain the right to the property underneath that easement. 
• This means if someone is claiming that they have an easement through your property, they can only claim use of it, not access to the actual land.  
• You will still be able to landscape or otherwise modify the land as long as you do not violate California’s easement law.  
• The other party will also have to prove what the easement is allegedly for, as easement rights in California are granted for specific purposes – so if you have an easement for passage of a motor vehicle, you cannot put a fence there, or park a car there, or anything else.

To get help dealing with your neighbor's claim of an easement on your property, you should strongly consider speaking with an experienced California real estate attorney. Your lawyer can explain whether your neighbors do have an easement or not and can also help you to determine how to dispute bad claims of an easement.