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The Private Easement: Answering Your Questions About This Land Right

Naturally, it is best to discuss any easement rights with an easement attorney in San Diego. However, it does not hurt to research and have some basic questions answered before you proceed. If you have questions about a private easement, you can refer to the information below to initiate further conversations with legal counsel. In order to learn more about a private easement, you need to define it first.

What Is A Private Easement?

A private easement is an easement whose use is restricted to a limited number of individuals. The easement either benefits a limited number of people or a specific individual. An example of this type of easement is the right to access water from a well that is located on dominant land. Therefore, these types of easements often provide a right-of-way for private use. The owner of a right-of-way easement can access the easement for his or her private use. Each easement, in turn, is defined by obligations, restrictions, and limitations. Consequently, the easement owner must know what is permitted or not permitted with respect to use. He or she can obtain further clarification by contacting a San Diego easement lawyer

What Should You Do If You Are Buying Land With A Private Easement?

If you are considering the purchase of land with a private easement, you should obtain copies of the easement document. By taking this step, you can find the exact location of the easement and what uses are specifically allowed.

Some private easements can lead to disputes. For example, if a neighbor is granted an easement for solar access, you, as the property owner, may be limited to what you can build or grow on your real estate. This type of easement is also known as a negative easement as it disallows certain activities. Without understanding the terms of an easement, you can face some serious legal issues as a result. That is why it is imperative that you contact a legal representative that specializes in easement law.

What Are Example Of Private Easements That Serve As Rights-Of-Way?

Private easements can be used for right-of-way access for the following reasons.

Accessing a Property to Get to a Body of Water

Water access is often permitted in a private easement. In this instance, the water that is accessed may be a sea or lake. Any access of this type causes a property to lose value if it is near a body of water. Therefore, many private water easements only allow the holder of the easement to walk over a person’s property.

The holder cannot modify the land, meaning no shrubs or trees can be removed or trimmed. Neither can a private easement for water access be changed into a road. Whether marine craft can access the easement depends on the terms of the easement and whether the land will be affected. You can find out more details about this type of easement by conferring with a San Diego easement attorney.

Sharing a Driveway

A private easement for a shared drive permits two or more people to use the same piece of real estate. Each individual enjoys equal access to park a vehicle or walk on the drive. Neither of the parties can block the drive nor prevent reasonable use. Normally, a San Diego easement lawyer will draw up an agreement that outlines the maintenance responsibilities and shared costs. A private easement of this type is usually used in urban areas where parking is difficult.

A Maintenance Agreement for a Road

If several parties share a private easement and require maintenance for their road, a lender typically will require a road maintenance agreement as a stipulation for financing. The contract needs to properly define the easement and list all the parties who have the right to use the land. Also, each party to the easement normally must share in the costs of repair equally. In order to make things fair, a yearly assessment is advised. In case the yearly assessment is not sufficient, a special assessment may be employed.

In this instance, a person is named to collect the funds and keep them in a bank account. The same person also pays for any required maintenance. If one of the parties will not pay, a lien is filed against the real estate for the delinquency. You can learn more about this type of private easement by talking to a San Diego easement lawyer.

Private Roads

The most common type of private right-of-way is one that is established for a private road. Usually, this type of easement represents a road that must be accessed by the holder of the easement on a landlocked property. Some private roads are situated in subdivisions that are managed by a homeowner’s association. In either case, the easement holder is responsible for maintaining the right-of-way and keeping it in good condition.

How Is A Private Easement Restricted?

Indeed, it is important that you carefully scrutinize the language of an easement to make sure you understand its use. For instance, a private easement is restricted to a limited, definable, and specific purpose on a property, short of the right of ownership. Therefore, the scope of the restrictions must be carefully reviewed.

Even if you include a phrase, for instance, like “for public purposes,” that phrase, in and of itself, will not turn a private easement into a public right-of-way. These kinds of distinctions make it necessary to pose questions of easement use to a dedicated easement attorney in the San Diego area.

Having Easement Problems? Schedule A Free Consultation.

San Diego Real estate easements and boundary issues are important to take care of right away before they cause complications to a purchase, sale, or agreement. Whether you have a boundary dispute with your neighbor, or with a family member It’s important to select attorneys who are well versed in your case, or situation. We have over 22 years of combined experience as lawyers, and several years experience as property brokers and developers. To further discuss solutions to effectively develop and protect your real estate equity please contact us online or call 619-724-4355 to schedule a consultation.


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