Easement...what can I do?

[RexRathburn]

Part of my property is an easement. Can I do anything with it? It is just a big field and none of my neighbors have done anything with their land either. I talked to one of them and he said he is going to ask his attorney. Has anyone had any experience this type of thing?
Thanks,
RR

[Mrs. Restless22]

What kind of easement is it?
You can usually check your title report when you purchased and it should disclose what kind it was. That makes the difference on what you can do with the land.

[It's Only Money]

You should be able to do what you want wit the property built the holder of the easement can require you to provide whatever access they desire. See an attorney.

[RexRathburn]

I'm not sure...I'll check it out. Thanks for the reply!;)

[mickeyfinn]

depends on what kind of easement it is. What you can do with it in part depends on how much risk you want to take. If the public utility has an easement through your property for example to run a water or sewer line you could plant crops or grass or a flower bed with no problem, however if they need to maintain their line and have to dig up your stuff it is your cost to replace. You should never do anything permanent on an easement. If it is an unused easement you could possibly buy the easement out

[BADBLOWN572]

An easement is basically community property. My parents are fighting with some neighbors right now over easements. Basically consider the easement community property. It will be the neighbor's decision what you can and can not do with it. Technically, you can not obstruct the easement because the easement holder needs to have free access to travel over the easement. Also talk to an attorney to see what type of easement it is. That has a lot to do with what can be done on the easement.
First, I would talk to the attorney, then I would talk to the neighbor and be cool about it. Tell them what you want to do and see what they say. Just because you own the property does not mean that you can do whatever you want with it. See what the neighbor says but be aware, anything you build, be ready to tear down if you ever piss off the neighbor. It is very easy to call the police and tell them that you are tresspassing on their easement and they will make you tear down/remove anything you have done with it. Good Luck!
BB572

[Hallett19]

if it is used by neighbors to access their property, you usually have to leave it alone and it is not able to be altered so the neighbors cant use it. If there is no use from the neighbors, I would ask a title representative, probably the one who was involved in the sale of your home what you can do to that property.

[RexRathburn]

If it is an unused easement you could possibly buy the easement out
Do you mean buy my neighbors easements from them so I own the whole thing?

[It's Only Money]

If they are the easement holders that would probably be the best method. IF they are willing to sell it.

[RexRathburn]

I think there are about 6 houses in a row that have a hill behind them and then on top of the hill is completely flat (the easement). It is just a big field full of weeds. I would love to collaborate with my neighbors and either develope the land or sell it off so someone else could develope it. I think speaking with an attorney is the best thing I could do.
Thanks for all your replies!

[BADBLOWN572]

Do you mean buy my neighbors easements from them so I own the whole thing?
You might be able to purchase the easement rights from your neighbor. If that is the case, you should be able to do whatever you want with the property. Just double check that your neighbor is the only person who has an easement across your property. Some easements are granted to many people. If that is the case, you would have to buy them all out. For this, talk to an attorney!

[jeepinscott]

What she said, usually, in Poway, it is either for SDG&E or a road to?????
You cannot build a structure or a pool or anything like that, but you can use it for whatever else. If it is no longer used by anybody, then you can get the property re-zoned, but that is a minor PITA.

[Brewzed]

RR
I deal with easements everyday. Write them, locate them. I do land surveys for commercial property refinances (ALTA's).
It all depends on how it is written and what it is for. If it is not being used by the entity that it was granted to, you may be able to have it quitclaimed back to you.
Do you have the instrument? If not, I can get a copy of it if you have the instrument no. Then I can take a look at it for you and give you an answer.
let me know if I can help.

[Ziggy]

Usually the easement has to do with access for utility companies. My ex F-I-L had property with such an easement and he was allowed to use it as he saw fit but without permament structures...He put up an awesome portable pool there. So long as access was provided and they could get in/out with their equipment it was cool.

[mickeyfinn]

I think there are about 6 houses in a row that have a hill behind them and then on top of the hill is completely flat (the easement). It is just a big field full of weeds. I would love to collaborate with my neighbors and either develope the land or sell it off so someone else could develope it. I think speaking with an attorney is the best thing I could do.
Thanks for all your replies!
Look at it very carefully. Even if you buy the easement it may have been put into an easement for legal reasons. If the houses are in an area that requires greenspace set asides or if it is a form of erosion control or wetlands remediation buying the easement may not get you access to it. First thing is find out the details of the easements and then possibly talk to an attorney. I was thinking of the typical easement which is usually a small strip allotted through property to allow someone (utility, neighbors etc) to access their property either beyond the easement or under or over it. If it is off to the side in fairly close proxity to 5 or 6 homes it very could have been done this way to set aside "community property" to insure that a lot of other homes wouldn't suddenly be constructed around them. You can buy this easement out also but have to be VERY careful to get releases from everyone involved.

[C-2]

Talking to a lawyer and getting a legal opinion might cost you more than the easment is worth.
Do as much research or tap as many sources here as you can. If it's a municipal easement you need to find out why it's there. If it's a private easmnet you're most likely s.o.l. unless you can convince the owner it has no value to him/her. Although easements can be granted, they can also be revoked. A lot of parcels in Anza and similar areas are "landlocked" due to the revocation of easements, or poor surveying.
As others have suggested, if there are pwer lines overhead or underground utilities - you would be wasting your time by speaking with a lawyer.