Real Estate Easement Disputes

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Property ownership is supposed to bring stability, security, and long-term value. But when an easement dispute arises, it can quickly turn your investment into a source of conflict and stress. Easements—legal rights to use another person’s property for a specific purpose—are common in California, but they are also one of the most frequent sources of litigation.

Disputes often begin with small frustrations: a neighbor blocks your access to a shared driveway, a utility company oversteps its rights, or a co-owner begins using land beyond what was originally agreed upon. Over time, those issues escalate into full-blown legal battles that threaten your property value, your financial investment, and even your ability to enjoy your home or business.

At McGonigle Law, we represent property owners, businesses, and individuals in complex easement disputes across Los Angeles and throughout California. With over 40 years of real estate litigation experience, Timothy has the knowledge and trial-tested skill to resolve these conflicts efficiently and effectively—whether through negotiation, mediation, or courtroom litigation.

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What Is an Easement and Why Do Disputes Arise?

An easement gives one party the legal right to use another party’s land for a specific purpose. Easements can be granted by contract, implied by long-term use, or created by necessity (such as landlocked properties).

While easements are meant to clarify property rights, they often lead to disputes when:

• A property owner blocks or restricts an established easement (such as a shared driveway or access road).
  

• A neighbor expands use of an easement beyond what was agreed upon.
  

• Utility companies exceed their rights and damage property in the process.
  

• Disagreements arise over whether an easement exists at all (recorded vs. unrecorded easements).
  

• Owners challenge long-standing “prescriptive easements” created by continuous use over time.
  
  

Easement disputes are rarely simple. They involve complicated property records, long histories of use, conflicting surveys, and high emotions between neighbors or co-owners.

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The High Stakes of Easement Conflicts

For many clients, an easement dispute isn’t just a technical legal matter—it’s personal. It affects daily life, property value, and sometimes family or business relationships. You may find yourself asking:

• What if I lose access to my property entirely?
  

• What if a neighbor’s overuse makes my land worthless?
  

• What if I’m dragged into endless, expensive litigation?
  
  

These concerns are real, and they underscore why experienced legal representation is critical. Without a clear resolution, easement disputes can spiral into years of hostility and costly court battles. Timothy’s role is to cut through the complexity, protect your rights, and secure a resolution that preserves both your property and your peace of mind.

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Timothy McGonigle’s Approach to Easement Disputes

With over four decades of trial and litigation experience, Timothy brings a unique advantage to real estate cases. He has represented both plaintiffs and defendants in property disputes, giving him a deep understanding of the strategies opposing parties may use.

His approach includes:

• Meticulous Case Preparation: Reviewing deeds, contracts, maps, and historical use records to build a comprehensive case.
  

• Trial-Ready Strategy: Preparing every matter as if it will go to court, which strengthens negotiating power.
  

• Practical Resolution: Exploring mediation or settlement when it serves the client’s best interests, saving time and expense.
  

• Aggressive Advocacy: When negotiation fails, Timothy is fully prepared to escalate to trial, backed by a reputation as a skilled litigator.
  

This combination of precision and strength ensures that clients are never left vulnerable, whether the dispute is with a neighbor, a business partner, or a large utility company.

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Beyond Easements: Other Real Estate Litigation Matters

While easement disputes are one of the most common areas of conflict, our firm also handles a wide range of real estate litigation, including:

• Partition Actions between co-owners or business partners.
  

• Quiet Title Disputes to resolve ownership questions.
  

• Boundary Line Disputes involving fences, encroachments, or surveys.
  

• Defect & Fraud Claims related to real estate transactions.
  

• Failure to disclose material facts in property sales.
  

• Property-Related Personal Injury Cases involving unsafe conditions.
  

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Take the First Step Toward Resolution

If you are facing an easement dispute—or any other real estate conflict—don’t wait until the situation worsens. Property rights are too important to leave uncertain, and the longer disputes go unresolved, the more costly they become.

👉 Contact our Los Angeles office today to schedule a confidential consultation with a California real estate litigation lawyer who has the skill, experience, and determination to protect your property rights.

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Frequently Asked Questions About Easement Disputes

Q1: What is an easement in California?
An easement is a legal right to use another person’s property for a specific purpose, such as accessing a shared driveway, pathway, or utility line. Easements are common, but they often lead to disputes when rights are unclear or overstepped.

Q2: What are the most common types of easements?
The most common easements include right-of-way access (driveways, roads, or paths), utility easements (for power lines, water, or sewer systems), and easements by necessity (such as landlocked properties).

Q3: Can a neighbor block my easement?
No. If you have a valid easement, your neighbor cannot block or interfere with your legal right to use it. If they do, you may have grounds for legal action to enforce your rights.

Q4: What is a “prescriptive easement”?
A prescriptive easement can arise when someone openly and continuously uses another’s property without permission for at least five years. If unchallenged, that use may become a legal right.

Q5: How do easement disputes usually start?
Most disputes begin when one party restricts access, expands use beyond what was agreed, or questions whether the easement exists at all. These disagreements can quickly escalate without legal intervention.

Q6: How are easement disputes resolved in California?
Resolution may involve negotiation, mediation, or litigation. Courts can order an injunction to stop interference, clarify property rights, or award damages if one party has suffered financial loss.

Q7: Can I remove an easement from my property?
It depends. Some easements can be terminated if they are no longer used or necessary, or if both parties agree to end them. Others, particularly utility easements, are permanent.

Q8: What if the easement isn’t recorded in the property deed?
Unrecorded easements can still be valid if they are implied by long-term use or necessity. These cases often require strong legal and factual analysis to prove the easement exists.

Q9: How long do I have to act if an easement dispute arises?
The statute of limitations varies depending on the type of claim, but waiting too long can harm your case. Acting quickly helps preserve evidence and prevent further damage.

Q10: Will my easement dispute go to trial?
Not always. Many cases are resolved through negotiation or mediation. However, if the other party refuses to cooperate, litigation may be necessary to protect your rights.

Q11: Do easement disputes affect property value?
Yes. Ongoing disputes can significantly reduce property value, delay sales, or complicate refinancing. Resolving disputes quickly helps preserve your investment.

Q12: How do I know if I need a lawyer for an easement issue?
Because easement law is complex and disputes can impact property rights permanently, consulting an experienced California real estate litigation lawyer is the best way to understand your options and protect your interests.