Easement Disputes

Easement & Boundary Attorney - Resolve Easement Disputes (Santa Cruz)

Easements-legal rights to use another person's property for a specific purpose-are often essential to property access, utilities, or shared driveways. But when there's a disagreement over the scope, location, or even the existence of an easement, it can create major tension between neighbors and threaten the use of your property.



As a Santa Cruz easement dispute lawyer, James C. Eschen helps property owners clarify, enforce, or challenge easement rights to protect their property interests.

Understanding Easements

An easement is a legal right to use land that belongs to someone else for a limited purpose. Common examples include:


  • Appurtenant easements - rights attached to a parcel of land, such as a neighbor's driveway access.
  • Easements in gross - rights held by a person or entity, such as a utility company's right to install and maintain power lines.

Easements can be recorded in property deeds or unrecorded, existing by implication, long-time use, or necessity. Understanding which type you have-and whether it's enforceable-is key to resolving disputes.

We handle a wide range of property transaction disputes, including:

Blocked Access

A property owner obstructs a driveway, path, or road you have the legal right to use.

Maintenance & Usage Fights

Disagreements over upkeep responsibilities or claims that the easement is being overused.

Prescriptive Easement Claims 

One party claims a right-of-way after using the land openly for at least 5 years without permission.

Easement Uncertainty

Prior informal arrangements between past owners now challenged by new owners.

Relocation or Termination

Efforts to move or eliminate an easement due to non-use or changed circumstances.

Legal Principles for Easements

California law recognizes several ways easements can be created, modified, or terminated:


  • Prescriptive Easements - Require at least 5 years of continuous, open, and adverse use.
  • Termination by Abandonment - Possible if the easement holder's actions clearly indicate they no longer intend to use it, but non-use alone may not be enough for a recorded easement.
  • Dominant vs. Servient Estates - The dominant estate benefits from the easement; the servient estate bears the burden. Unless otherwise agreed, the dominant party is responsible for maintenance.

Knowing these principles can help determine whether you have a valid claim or defense.

Our Approach to Easement Conflicts

We start by reviewing deeds, title reports, and recorded maps to determine what rights exist. When needed, we work with licensed surveyors to pinpoint exact boundaries and easement locations.



Often, easement disputes can be resolved through negotiation-agreeing on relocation, limited usage terms, or maintenance cost-sharing. When resolution isn't possible, we can:


  • File a quiet title action to confirm or remove an easement.
  • Seek an injunction to stop interference with your rights.
  • Present historical evidence, including old maps and neighbor testimony, to establish claims.

Easement FAQ

  • He hasn't used that easement in years-do I still have to allow it?

    If it's recorded, non-use alone usually won't eliminate it. Formal abandonment or a legal agreement may be required.

  • Nothing is recorded-can there still be an easement?

    Yes. It may exist through long-time use (prescriptive) or be implied by prior property use when the land was divided.

  • Can I get an easement if I'm landlocked?

    California law allows an easement by necessity if your property has no legal access. If your neighbor won't agree, we can petition the court.

Protect Your Property Access

Easement and boundary disputes can impact your ability to fully enjoy your property. Whether you need to assert, defend, or remove an easement, we can help you navigate the legal process.

55 River Street, Suite 100, Santa Cruz, CA