Shared Access Area Easement and Private Land Use Restrictions
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FAQ
Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
An easement grants the right to utilize another person's land for a certain purpose, such as exit and entry. However, it is crucial to understand that easements do not grant holders a possessory right. They also do not provide the holder the right to profit from the land or the right to inhabit the property.
Depending on the circumstances and how the easement was created, it is generally the responsibility of the dominant tenement to maintain the easement site in the same way they would manage the rest of the attached land. There is generally no obligation for the servient tenement to maintain the right of carriageway.
FHA: A Private Road Maintenance Agreement is not required, however you will be asked to provide a recorded road easement.
California Civil Code § 845 states: (a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.
Instead, a negative easement includes the right to restrict some type of activity on, or use of, the servient tenement. For example, an easement for light and air, or for a particular view, would be a negative easement.