Can a deeded easement be dissolved because my neighbor claims it to be a fire hazard with a parked vehicle in the driveway?

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Can a deeded easement be dissolved because my neighbor claims it to be a fire hazard with a parked vehicle in the driveway?

I am the dominant land owner of a deeded easement for a driveway that is large enough for only 1 vehicle. Half of the driveway lies on my property, and the other half, my new neighbor’s. My neighbor has constantly been hassling me about this driveway, trying to do whatever he can to claim his half of the land, even trying to erect a fence. Today, he approached me saying my parked vehicle is a “fire hazard” as it blocks his access to his backyard, and threatened to call the fire dept. He wants to serve me papers and take this to court. Does he have any ground to sue?

Asked on May 4, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are only a few ways that a deeded easement can be eliminated as follows:

1. by abandonment of the dominant owner;

2. express conveyance by the dominant owner to the servient owner;

3. adverse possession.

Your neighbor can sue you over the easement issue but the chances of success are remote from what you have written. I suggest that you consult with a real estate attorney further about your matter to try and diffuse the situation.


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