An easement gives someone the legal right to use another person’s property for a limited purpose, but it does not transfer ownership of the land itself. Easement ownership depends on whether the easement benefits a neighboring property or a specific person or entity. In most cases, the property that benefits from the easement “owns” the right to use it, while the property burdened by the easement continues to own the land underneath. Let’s explore how control of an easement determines rights, limitations, and responsibilities.
Understanding Who Owns an Easement
Easement ownership is about legal rights, not land ownership. In California—and especially in dense areas, where property lines and access points are often tight—clarity around easement rights is critical.
Most easements involve two properties:
- Dominant estate: the property benefiting from the easement
- Servient estate: the property whose land is burdened by the easement
The dominant tenement (or estate) benefits from and holds the easement; the servient tenement is burdened but retains fee title (Cal. Civ. Code § 803). Neither party can expand or restrict the easement beyond its intended purpose.
Types of Easements and How Ownership Works
Different easements create different ownership structures. Here are the most common types found in throughout California:
Appurtenant Easements
These benefit a specific piece of land. The dominant estate owns the right, and the easement automatically transfers with the property when it is sold.
Easements in Gross
These benefit a person or company, not a neighboring property. Utility companies commonly hold these easements.
Express Easements
Created through recorded documents, deeds, or written agreements that describe the scope, location, and purpose of the easement.
Implied Easements
Formed through long-term use or necessity, such as when a landlocked parcel requires access to a public road.
Prescriptive Easements
Acquired through open, continuous, and hostile use for at least five years in California.
How Easements Affect Property Use and Responsibilities
The existence of an easement impacts how both properties can be used.
Use Limitations
Easements must be used only for their intended purpose.
Examples:
- A driveway easement cannot be used for parking.
- A utility easement cannot be used for storage or construction.
Maintenance Duties
The dominant estate maintains the easement area, such as keeping a shared path or driveway in usable condition. The servient estate cannot interfere with lawful use.
Transferability
Most easements are automatically tied to land transfers. Easements in gross may or may not transfer depending on the agreement.
Understanding responsibilities is essential in neighborhoods where older parcels, narrow lots, and multi-property access routes are common.
When Ownership or Use of an Easement Becomes a Dispute
Easement conflicts frequently arise when neighbors misunderstand boundaries or permitted uses. These disputes are common in older residential areas, hillside properties, and multi-unit developments.
Typical conflicts include:
- Blocking or obstructing a driveway or walkway
- Expanding use beyond the original purpose
- Building fences, structures, or landscaping in easement areas
- Disputes over maintenance costs
- Unrecorded or poorly documented easements discovered during a sale
Resolving these issues often requires reviewing recorded documents, commissioning surveys, or seeking legal interpretation.
Real-World Examples of Easement Ownership
Here are practical examples of how ownership works:
Shared Driveway Access
If two San Jose homes share a driveway, the dominant estate owns the access rights, while the servient estate owns the land underneath.
Utility Easements
Water, power, and telecom companies commonly hold easements that give them access to private property for the installation or maintenance of service lines or equipment.
Access for Landlocked Parcels
In hillside or rural areas, implied or prescriptive easements may allow access to landlocked properties.
These examples illustrate why understanding the nature and scope of easement rights matters for property owners.
Legal Help for Easement Disputes
At BoyesLegal, we help homeowners and property owners resolve easement and boundary disputes with clarity and efficient problem-solving. Whether you need to confirm rights, address interference, or defend your property, we are here to assist you. Contact us today to schedule a consultation and discuss your easement concerns.