Legal Question in Real Estate Law in California

Re: Real Eastate

The rights and responsibilities will vary with the nature and purpose of the easement, but in the broadest terms the owner (owner of the dominant estate) has the right to use the easement for intended purposes and the duty to maintain the easement.

When the easement has mutiple users, the users generally must share the costs of maintenance in proportion to use, and of course the owner of the servient estate must refrain from unreasonable interference with the use of the easement.

The fact that the easement is deeded has little or no direct impact on the rights and obligations of the parties, but it should make it easier to figure out the rights and responsibilities associated with that particular easement because there they will be, spelled out in black and white in the deed - or at least one would hope.