In California, a property has an easement appurtenant for a shared driveway between two properties. The owner of the servient tenement wants to plant trees that would block the driveway. Under California law, can the servient tenement owner do this?
Correct Answer
B) No, the servient tenement owner cannot unreasonably interfere with the easement holder's use
Under California law, the servient tenement owner retains the right to use their property, but may not unreasonably interfere with the easement holder's use of the easement. Planting trees that block a driveway easement would constitute an unreasonable interference with the dominant tenement owner's right of access.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Wetlands protection refers to federal and state regulations that restrict development on wetlands — areas where water covers the soil or is near the surface for part of the year. The primary federal authority is the Clean Water Act enforced by the Army Corps of Engineers.
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
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