Does a court order that allows maintenance work to be carried out on a private easement change the use of the easement?

California, United States of America


The following excerpt is from MacCiola v. Harms, 2d Civ. B305868 (Cal. App. 2021):

But here the trial court's order did not materially change the use of the easement. It is still a roadway for access to plaintiffs' properties. The court's order simply allows improvements to facilitate that use. Every easement includes the right to do such things as are necessary to full enjoyment of the easement, such as repairs, renewals, and replacements on the servient property. (Dolnikov v. Ekizian (2013) 222 Cal.App.4th 419, 428.)

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