Updated on November 24, 2025
Maintaining an Easement or Right‑of‑Way
If you are looking for answers to questions such as “Who is responsible for right of way maintenance?”, “Can a landowner block a right of way?”, “What is a residential right of way?”, “Can a right of way be removed?”, “Who owns right-of-way property?”, this guide is for you. We’ll explain how easement and right‑of‑way maintenance works under California law and clarify who has the duty to care for the land involved.
Key Takeaways
- Easement maintenance under California law is the duty of the dominant estate owner.
- Cost‑sharing rules apply: multiple users must contribute proportionately when no agreement exists.
- Legal enforcement (Civ. Code § 845) allows owners to sue for contribution or specific performance if a co‑owner refuses to pay.
- Implied right of entry enables easement holders to access servient land for necessary repairs.
Who is Responsible for Driveway Easement Maintenance in California?
One of the most common easement disputes we encounter involves maintenance responsibilities for shared driveways and access easements. Under California law, the dominant estate—the party benefiting from the easement—is responsible for maintaining it.
If you’re using a driveway, road, or path located on another’s land through an easement, you—not the servient tenement (the landowner)—are legally obligated to keep it in good condition.
This responsibility includes both the right and the duty to:
- Maintain the easement in usable condition,
- Make repairs necessary for safe access, and
- Prevent injury to others using it.
California courts, dating back to Durfee v. Garvey (1889) 78 Cal. 546, 551, have affirmed that easement holders possess an implied right of entry onto the servient estate to perform such maintenance—even without explicit permission—as long as the entry is reasonably necessary.
Our attorneys constantly deal with easement disputes of many types. One of the most common questions we encounter is: who is responsible for maintenance of an easement?
How to Enforce Easement Maintenance Obligations?
What Happens When Informal Easement Maintenance Enforcement Fails?
Specifically, pursuant to Civil Code section 845, if any owner refuses to perform, or fails after a demand in writing to pay their share of the cost, the other owner or owners may bring an action against the defaulting owner to force them to comply by suing for specific performance or contribution.
A servient tenement can also bring a claim against the defaulting dominant tenement for contribution or specific performance.
The lawsuit to enforce maintenance duties may occur before, during or after the work is performed. In the absence of any agreement addressing the maintenance of the easement, the owner seeking contribution or specific performance should file the lawsuit in a court located in the same county in which the easement is located.
If the owner’s share of the cost does not exceed the jurisdictional limit of the small claims court, the action may be brought in small claims court. This is true only to the extent that you are suing for contribution. If you are suing in equity – for specific performance, then the action must be maintained as an unlimited action.
In Los Angeles, the jurisdictional limit for small claims is less than or equal to $10,000. If the share of the cost exceeds the jurisdictional limit of the small claims court, the action shall be filed in superior court and may be subject to judicial arbitration if the amount in controversy is $50,000 or less.
However, nothing prevents the parties from engaging in alternative dispute resolution to try and resolve the dispute.
Need Help with Easement Maintenance Disputes in California?
The law in California regarding the use of easements, maintenance of easements and the creation of various types of easements is quite complex and well litigated. Whether you’re dealing with a shared driveway dispute, enforcement of cost-sharing, or unclear maintenance obligations, our experienced easement dispute lawyers can help.
Call Schorr Law at (866) 718-4240 to schedule your consultation. You may also contact us online to see if you qualify for a free 30-minute consultation regarding your easement matter.
Driveway easement maintenance Related FAQs
Q1. How long do easement maintenance obligations last under California law?
- Easement maintenance duties remain in effect as long as the easement is valid and used. If an easement is permanent or appurtenant, the obligation can last indefinitely.
Q2. Can an easement be terminated if no one maintains it?
- Yes, if an easement is unused or abandoned for a long period, it may be subject to termination. However, lack of maintenance alone may not be enough unless coupled with non-use and intent to abandon.
Q3. What expenses can be recovered under California Civil Code § 845?
- You can recover your proportionate share of costs for maintenance, repair, and necessary improvements. This includes suing for contribution or specific performance if co-owners refuse to pay.
Q4. Who pays for major repairs versus routine upkeep of a shared driveway easement?
- Unless otherwise agreed, all users must pay a fair share based on use. Major repairs and routine upkeep are typically shared unless one party causes unusual damage.
Q5. What happens when a servient tenement blocks an easement?
- Blocking an easement is generally not allowed. The dominant estate can seek legal action to remove the obstruction and restore access.
Q6. Can a dominant tenant force property owners to remove obstacles on an easement?
- Yes, through a court order or negotiation, a dominant estate holder can compel removal of structures or barriers that unlawfully obstruct an easement.
Q7. Does a written easement agreement change maintenance obligations in California?
- Yes, if an easement agreement includes specific maintenance terms, those will govern. If not, default legal rules under Civil Code § 845 apply.
Q8. When can a servient owner sue a dominant estate for misuse of an easement?
- If the dominant estate exceeds the permitted use or causes damage, the servient owner may sue for trespass, nuisance, or overburdening the easement.
Q9. Can easement maintenance disputes be resolved in small claims court in California?
- Yes, if the amount in dispute is $10,000 or less. Claims for contribution under § 845 may qualify; however, specific performance actions must be filed in superior court.
Q10. What rights does an easement holder have to enter the servient property for maintenance?
- California law provides an implied right of entry, allowing the dominant estate to access the servient property as needed for maintenance and repairs, as long as it’s done reasonably and without unnecessary disruption