What Are The Remedies for Interference With Easement?
A person who interferes with the use of an easement can be liable or responsible for that interference. Typically such claims are pursued by the easement holder via an action to stop the interference, for nuisance and often for damages based on the loss of use. This all, of course, depends on the type of easement and the type of interference.
Determining what constitutes interference can sometimes be quite obvious while other times it can be more difficult to determine. Remember that the owner of the servient tenement (the property burdened by the easement) is permitted to use their property in any manner and for any purpose that is not inconsistent with, and does not unreasonably interfere with, the use and enjoyment of the easement.
But, what does that mean? If your property is subject to an easement for ingress and egress, that means making sure the property holder with the easement rights has the ability to traverse the easement to go to and from presumably in a car. So, if you park your car in the easement path or put up a locked gate to prevent access you would be interfering with their easement rights and could become subject to a lawsuit. There are an infinite number of other possible uses that could constitute an interference with easement rights. Each case must necessarily be decided based on the individual facts present in that case.
For help with your easement claim, contact us today. Our Southern California easement attorneys have extensive experience enforcing easement and defending against easement claims. Phone: (310) 954-1877, email: firstname.lastname@example.org, or use our Contact Form.
By: Zachary Schorr, esq.
Click on the categories below to read other related blog posts.