Easement Disputes Attorney in San Diego, California

Is there anything worse than disputes with neighbors? Yes, actually, there is. And that’s when those disputes turn into drawn-out and costly court battles. Either way, disputes with neighbors are always highly stressful and have the potential to make the life of your entire family unbearable at times. And disputes over easement and boundaries tend to be particularly complicated and emotionally charged.  

The vibrant urban landscape of San Diego in California makes easement disputes particularly common, which is why property owners in the city aren’t strangers to conflict with their neighbors over easement issues.  

If you're involved in an easement dispute or anticipate such a dispute arising, you might want to seek legal help while it’s not too late. As an easement disputes attorney in San Diego, California, David J. Hollander offers strong advocacy for both property owners and easement holders.

With over 30 years of legal experience at the Law Office of David J. Hollander, their attorney will work diligently to protect your interests and help you identify optimal solutions tailored to your specific circumstances.  

What Is an Easement?

An easement grants another person or entity the right to use or access a portion of someone else’s property for a specific purpose as outlined in the easement. The easement does not limit the property owner’s ownership or possession of the property. Generally, an easement can be created by necessity, by express grant, by implied grant, or by prescription.  

Some of the most common examples of easements include: 

• A right-of-way easement to allow an individual(s) to drive across someone else’s property to get to a public road;  

• A utilities easement to grant utility companies access to property to install, inspect, and maintain water, power, or gas lines;  

• A drainage easement to allow water to flow across someone’s property for drainage purposes; and 

• A recreational use easement to grant an individual(s) the right to use the property for recreational purposes (e.g., fishing or hiking).  

Typically, easements are long-standing and sometimes property owners don’t even know that there are any easements attached to their property until the easement holder shows up and asserts their right. This is often one of the main reasons easement disputes occur in the first place. 

Types of Easements

Broadly speaking, easements are divided into two types: 

1. Exclusive: The easement holder is the only party who has a right to use the property for a specific purpose.  

2. Non-exclusive: This type of easement grants the right to use or access property to multiple parties simultaneously.  

Easements also vary in terms of how long they last and can be either temporary or permanent. Most easements are created through written documents that contain all the terms and conditions you need to know about. However, sometimes the way easements are written may leave room for interpretation, which often leads to disputes between property owners and easement holders.  

Common Situations That Lead to Easement Disputes

In most cases, property owners and easement holders can coexist in harmony, especially when the arrangement is fair and doesn’t cause a major inconvenience to anyone. However, there are certain situations that may give rise to easement disputes. Those include:  

• Multiple easement holders: When there are multiple easement holders, they may have disagreement over the extent of their rights or the priority of use/access.  

• Interference with easement rights: An easement holder and property owner may be embroiled in disputes when the former believes the owner is interfering with their right to use or access the property.  

• Improper maintenance or repair: When the easement area is not properly maintained or repaired, the parties may end up having disputes over who has the responsibility to maintain or repair the area.  

• Trespassing and encroachment: When third parties use or access the easement area, the easement holder or property owner may view it as an issue of trespassing or encroachment.  

Regardless of the root of the dispute, it may need the immediate attention of a San Diego easement disputes attorney before the matter escalates into full-blown litigation. Going to court is not only costly and time-consuming but may also lead to an outcome that neither the property owner nor the easement holder is satisfied with. Other ways to resolve easement disputes include negotiation, mediation, arbitration, and quiet title action. An attorney can explain which method may work best in your specific situation after learning more about the facts of your dispute.