California Surveyors Forums

Recently our county counsel has determined that the underlying fee owner must give permission to an easement holder to get a permit to do any sort of construction in an easement, even if that construction is consistent with its intent, primarily building a road in an access easement.

I get regular inquiries from servient tenament owners wanting to extinguish easements on their land. Requiring the owner to sign gives them that omnipotent power to render the easement useless.

I have sent them sections 678-683 of the Civil Code which, to me, clearly gives an interest holder a form of ownership and therefore would be eligible to get a permit but they disagree that this code covers easements.

Could someone please guide me somewhere else or give me a referral to case law which would bring these folks around to my way of thinking....or am I incorrect?

Thanks in advance!

Just a couple of items….

See CC §806.

Sarale v. Pacific Gas & Electric Co., 189 Cal.App.4th 225 (Cal.App. Dist.3 10/15/2010)

See Paragraphs 85, 89 and 90 in particular.


Scruby v. Vintage Grapevine, Inc., 37 Cal.App.4th 697, 43 Cal.Rptr.2d 810 (Cal.App. Dist.1 08/08/1995)

Camp Meeker Water System, Inc. v. Public Utilities Com. (1990) 51 Cal.3d 845

Winslow v. City of Vallejo (1906) 148 Cal. 723, 725- 726


I'll call you in a bit. I've got a proosal to get out at the moment but didn't want this to lie around for long.