Question

Review Question IV: Property, Ownership, and its Modifications

H. Easements, Easement of Right of Way (Civil Code, Articles 613-619 and 649-657)

• A and B are neighboring property owners. A needs to access a public road but there is no direct road connection from A's property to the main road. B owns a parcel of land adjacent to A's property, and there is an existing road on B's land that leads to the main road. A has been using B's road for his ingress and egress for the past 10 years.
• Further to the above scenario, B decides to enclose his property with a fence, blocking A's access to the road. A demands that B provide him an easement of right of way. B refuses, claiming that A's use of the road has been merely permissive.
• In a different scenario, C owns a property located in a landlocked area surrounded by other properties. There is no existing road or access point to C's property. C seeks the establishment of an easement of right of way over the neighboring properties in order to have access to a public road. The neighboring property owners refuse to grant the easement.