Easements can be abandoned sometimes, if not used for 20 years. I work with easements, but I am unsure if I could do this, and I may have to go to court which might be expensive. I would have to know who put the easement there, prove it wasn't being used, etc IF I understand the facts correctly. How badly do you want the easement removed and why? Contact me directly by email.

Best,

Daniel Bakondi, Esq.

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Civil Code sections 887.010 to 887.090 allow the owner of property burdened by an easement to apply to a court for an order finding that the easement has been abandoned. Among the several conditions that must be pled and proven are that the easement has not been used for 20 years. However, such an action cannot be brought against a political subdivision of the state, such as Stanislaus County; see Civil Code section 880.240(c). I assume the county is the holder of this easement. Therefore, I think you are stuck with negotiating with the county, and I would not do that without the property owner's approval, or until after you buy the property.

I agree with Mr. Whipple's analysis. It would appear from your post that the sidewalk easement was dedicated in favor of the public, and not a separate private party. I've never seen a successful argument made that a public entity can abandon an easement from nonuse, once it is dedicated and accepted by the public entity.