Legal Question in Real Estate Law in California

Re: Easement Rights

Probably not. We'd have to read your easement terms to be sure, but access is probably the focus and they still have that; those dust lovers.

Re: Easement Rights

I don't think so; they are entitled to the full width described in the grant or reservation creating the easement, but that doesn't carry with it a requirement that, when you improve it at your expense, that the improvements affect the whole width.

Let's say the easement is described as being twelve feet wide. If you pave nine feet right down the middle, the easement holder can still use the additional foot-and-a-half on each side; it simply isn't paved. Let's be clear, of course, that paving 9 feet of a 12-foot easement does not turn the 12-foot easement into a 9-foot easement.

If I were representing you, I would argue that the cost to improve the remaining width of the easement, if demanded, should be borne by the benefitted parties. This is not a sure-fire argument, because a fully useable 12-foot gravelled easement is not necessarily the functional equivalent of a 12-foot easement that is partially paved (there might be high shoulders, there might be truth to the degradation-by-discing argument), on the whole I think you have done more to improve than to degrade the functionality of the easement and thus further improvements are not your responsibility.

The law regarding functional usefulness of easements is quite fact oriented and practical, and there are no hard-and-fast rules except that easement holders and burdened properties have to be reasonable and hew to the original intent of the grant of easement, as modified by foreseeable evolutionary changes in conditions.

I would offer only what's necessary to maintain the original functionality of the easement; if they expect more, let them pay.