willows-ga,
Thanks for bringing your question to Google Answers.
Please take note of the disclaimer at the bottom of the page. I am
not a lawyer, and Google Answers is no substitute for professional
legal advice. Please take everything here with the appropriate grains
of salt.
There are a few guiding principles used for interpreting easements,
one of which can be dubbed 'reasonableness' -- an easement can be used
in any reasonable way consistent with its intent (in your case, for
ingress/egress), as long as it doesn't create any unreasonable
hardships for the primary property owner.
It's amazing, though, how often neighbors will disagree with what is
or isn't reasonable. And in cases of disagreement, it can be very
hard to get clarity on what is or isn't permitted under an easement
until the matter is actually reviewed and decided by a court.
Hopefully, you will be able to resolve things with your neighbor
without the need to head for court. But if it should come to that,
there's really no way of knowing how the courts would respond...each
situation is unique, and the outcomes are adjudicated on a case by
case basis. For instance, there is no hard and fast definition of
'ingress and egress', nor any guidelines that I know of to make clear
when one has exceeded simple ingress/egress by, e.g., parking on an
easement.
Still, it can be helpful understand some of the principles the courts
in California use for guidance.
Reasonable/unreasonable use is one of the principles.
Another is 'necessity'. If a particular use is necessary for your
neighbor's 'enjoyment' (as the lawyers say) of his property, then
that's a strong factor in his favor that would be weighed by the
courts. In the situation you described, your neighbor may be able to
make a case based on necessity, since the large machines apparently
cannot fit through his gate (on the other hand, though, gates are
relatively easy to move or re-configure).
The history of the easement is also taken into account, though not in
an especially rigid way. Courts have consistently acknowledged that
changes in circumstances -- new subdivisions, new technologies (cars
substituting for horses, for instance), new ownerships, and so on --
can be legitimate reasons for changing the existing practices
regarding an easement. In your case, the history of rather limited
use of the driveway, and the convention of asking for the key for the
gate, would be taken into account.
And of course, the actual intent and language of the easement is
paramount...courts would not ordinarily take kindly if an easement for
ingress and egress is used, instead, to build extension to one's
house! If an easement specifically says ingress and egress 'for
horses', then its use for other purposes would be harder to justify.
A last point to note is that easement rights are generally limited to
the easement property itself. The right to use your driveway does
not, as a rule, convey a right to also use your off-driveway property
as a parking area, for instance. Courts are generally reluctant to
extend the scope of an easement into the off-easement property, but
they may, in some circumstances.
Again, it is to be hoped that you and your neighbor can avoid going to
court, as it is a time-consuming and aggravating process, and often
produces outcomes no one is happy with!
What to do, then?
It seems to me that your neighbor has made a request that might indeed
be deemed 'reasonable' were the courts to consider it...a request for
a key to the access gate. Your neighbor also can make an argument for
necessity of use, as I mentioned already.
On the other hand, your own concerns are also reasonable, as is your
desire for clarity regarding the situation.
In particular, the matter of whether ingress/egress (and the history
of use for horses) means they shouldn't be parking on the drive.
There is nothing in existing California case law that I know of that
addresses this specific point.
This may be an opportune moment to clarify the easement without
involving the courts.
Consider sending your neighbor a letter offering to provide a key to
the gate, but at the same time, use the letter to spell out your
understanding of the use and limits of the easement.
For instance, the letter, in a polite but firm way, could say things
along the lines of:
--vehicles should not be parked on the drive in a manner that blocks
your water meter (or any other condition you care to specify)
--the drive is for ingress/egress and not primarily for parking.
Vehicles should not be parked overnight (or whatever suits you) unless
arrangements are made in advance.
--advance notice should be given for any use of the drive by heavy
vehicles (trucks, construction equipment, etc).
--acceptance of a key to the gate is taken as agreement with this
understanding of the easement
These are simply suggestions, of course, Only you know the details of
your situation, and can craft the best language for your purposes.
Bear in mind, that whatever conditions you write down may, somewhere
down the road (pardon the phrase!), be turned around to apply to you.
For instance, if there is a parking restriction in the letter that
your neighbor agrees to, he may, in the future, object to you parking
on the drive, and point to the letter as his rationale.
And again, you should certainly consult with a legal professional
before deciding on any course of action in this matter.
It may help to become a bit more familiar with easements overall.
There is a good, general backgrounder at the always-useful FindLaw
site:
http://realestate.findlaw.com/homeownership/home-land-use-zoning/home-land-use-zoning-easement.html
Easements: The Basics
Make sure to click through to all five pages of the article.
I trust this information is helpful to you, and fully answers your question.
However, if there's anything else I can do for you, just let me know
by posting a Request for Clarification, and I'm at your service.
Best of luck...
pafalafa-ga
search strategy -- Used knowledge of easements in CA, along with
bookmarked sites on easement disputes. |
