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The Scope of an Express Easement – The Right to Improvement

Updated on May 21, 2021

As discussed in previous posts, an express easement is an easement that is created by agreement between the dominant and servient tenement. Although the express easement often specifies the purpose of the easement, e.g. ingress and egress, it can often be silent as to what alterations you can make to the easement to fulfill that purpose. However, case law provides some answers.

Generally speaking, the owner of an easement, i.e. the dominant tenement, can improve the easement or construct improvements on the easement which are reasonably required to make the use of the easement safe and convenient. For example, if your neighbor granted you an easement for ingress and egress over a portion of their property that is a dirt road, you may have the right to grade or pave the road in connection with your use of the same. However, your right to alter the easement is limited – the easement owner is not permitted to increase the burden on, or unreasonably interfere with, the use of the servient tenement.

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The attorneys at Schorr Law are well versed in all different types of easement issues. Are you looking for a property easement dispute attorney in Los Angeles? Schorr Law has the top rated property easement dispute lawyers in California. At Schorr Law we have experienced real estate attorneys in Los Angeles. Call 310-954-1877 to schedule a consult. To see if you qualify for a free 30 minute consultation, contact us by phone at (310) 954-1877 or by email at info@schorr-law.com. You can also send us a message by filling out the contact form on this page.

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