ADU and Easement Conflicts: What Homeowners Need to Know

Understanding Easements and ADU Construction

If you are planning to build an Accessory Dwelling Unit (ADU) on your property, one of the first things you need to investigate is whether any easements affect your lot. Easements are legal rights that allow someone other than the property owner to use a portion of the property for a specific purpose. Building on or near an easement can create significant conflicts that delay or even prevent your ADU project.

Easement conflicts are more common than most homeowners realize, especially in older neighborhoods and properties with complex lot configurations. Understanding the types of easements that may affect your property, how they interact with ADU construction, and your options for resolving conflicts is essential for a successful project.

Types of Easements That Affect ADU Construction

Several types of easements can impact where and how you build an ADU on your property. Understanding each type helps you identify potential conflicts early in the planning process.

Utility Easements

Utility easements are the most common type of easement found on residential properties. They grant utility companies (electricity, gas, water, sewer, cable, telephone) the right to install, maintain, and repair utility infrastructure on a portion of your property. Utility easements are typically found along property lines, in backyards, or running through the middle of lots.

Building on a utility easement is generally prohibited because the utility company needs unrestricted access to their infrastructure. If you build an ADU on a utility easement, the utility company has the legal right to require you to remove the structure at your expense if they need access for maintenance or repairs.

Access Easements

Access easements grant another property owner the right to cross your property to reach their own. These are common in landlocked lots, properties that share driveways, and lots created through subdivisions. An access easement can significantly limit where you can place an ADU because you cannot obstruct the easement holder's right of passage.

Drainage Easements

Drainage easements allow water to flow across your property in a specific pattern. These easements are established to prevent flooding and manage stormwater runoff. Building within a drainage easement can alter water flow patterns and lead to flooding on your property or neighboring properties, which can result in liability.

Prescriptive Easements

Prescriptive easements are created when someone uses a portion of your property openly, continuously, and without your permission for a statutory period (typically five years in California). A neighbor who has been crossing your property to access their backyard for many years may have established a prescriptive easement, even without any written agreement.

Conservation Easements

Conservation easements restrict development on all or part of a property to protect natural resources, open space, or scenic values. These easements can significantly limit ADU construction options and are more common in hillside and environmentally sensitive areas.

How to Discover Easements on Your Property

Before beginning your ADU project, you need to identify all easements that affect your property. Here are the key steps in this discovery process.

Title Report

Order a preliminary title report from a title company. This report will list all recorded easements on your property, including the purpose of each easement, the area affected, and the beneficiary (the person or entity that holds the easement rights). The title report is the most comprehensive source of easement information.

Property Survey

Hire a licensed surveyor to conduct a boundary survey that identifies the exact location of all easements on your property. The surveyor will mark the easement boundaries on a map and, if requested, with physical markers on the ground. This visual representation is invaluable for ADU planning because it shows exactly where you can and cannot build.

City Records

Check with your local planning and public works departments for information about any public easements on your property. Some easements, particularly those for streets, sidewalks, and storm drains, may be recorded with the city rather than on your property deed.

Visual Inspection

Walk your property and look for physical evidence of easements. Utility boxes, manholes, above-ground utility lines, well-worn paths, and drainage channels can all indicate the presence of easements. Compare what you see on the ground with the information in your title report and survey.

Strategies for Resolving Easement Conflicts

If your property has easements that conflict with your ADU plans, there are several strategies for resolution.

Redesign the ADU Placement

The simplest solution is often to redesign the ADU to avoid the easement area entirely. Work with your architect to explore alternative locations on your lot that do not encroach on any easements. This may require adjusting the size, shape, or orientation of the ADU, but it avoids the complexity and cost of easement modifications.

Negotiate Easement Relocation

In some cases, you can negotiate with the easement holder to relocate the easement to a different part of your property. This is most feasible with utility easements, where the utility company may agree to move their infrastructure if you pay for the relocation costs. The process typically involves hiring an engineer to design the new utility route, paying the utility company to relocate their equipment, and recording the new easement location with the county recorder.

Request Easement Abandonment

If an easement is no longer being used or is no longer necessary, you may be able to request its abandonment. This is most common with old utility easements for infrastructure that has been decommissioned. You will need to work with the easement holder and file the appropriate documents with the county recorder.

Obtain an Encroachment Permit

In some situations, you may be able to obtain an encroachment permit that allows you to build within or over an easement under specific conditions. This typically requires approval from the easement holder and may come with conditions such as maintaining a minimum clearance over underground utilities or agreeing to remove the encroachment if the easement holder needs access.

Working With Utility Easements

Utility easements deserve special attention because they are the most common type encountered during ADU construction in California.

Understanding Utility Company Rights

Utility companies hold significant rights within their easement areas. They can access the easement at any time for maintenance, inspection, or repair without your permission. They can require the removal of any structures built within the easement at the property owner's expense. They can clear vegetation and obstructions that interfere with their access or infrastructure.

Common Utility Easement Widths

Cost of Utility Easement Relocation

If relocating a utility easement is necessary, the costs can range from $5,000 to $50,000 or more depending on the type of utility, the length of the relocation, and the complexity of the work. Sewer line relocations tend to be the most expensive due to the depth of the lines and the need for trenching. Electric line relocations can be less expensive if the lines are overhead rather than underground.

Dealing With Access Easements

Access easements present unique challenges for ADU construction because they typically run through the most desirable parts of a lot, connecting the street to a neighboring property's entrance.

Identifying the Scope

Carefully review the easement language to understand its exact scope. An access easement that grants "pedestrian and vehicular access" has different implications than one that grants only "pedestrian access." The width and location of the access easement determine how much of your lot is affected.

Working With the Easement Holder

If the access easement conflicts with your ADU plans, try negotiating with the easement holder (usually a neighboring property owner). Possible compromises include relocating the access path to a different part of your property, modifying the easement width to allow more building area, or trading the existing easement for a new one that works better for both parties.

Legal Options

If negotiation fails, you may have legal options to modify or extinguish the access easement. California courts can modify easements when conditions have changed significantly since the easement was created, or when the modification does not substantially burden the easement holder. An experienced real estate attorney can assess your specific situation and advise on the best approach.

Working With Professionals to Navigate Easement Issues

Easement conflicts during ADU construction require the expertise of several professionals working together.

Real Estate Attorney

A real estate attorney specializing in property law can review your easements, advise you on your rights and options, negotiate with easement holders, and represent you in any legal proceedings. Hire an attorney early in the process, ideally before you finalize your ADU design.

Licensed Surveyor

A licensed surveyor provides the precise measurements and maps you need to understand the exact location and extent of easements on your property. The survey also identifies property boundaries, which are critical for ADU permit applications and setback calculations.

Architect

Your architect can design the ADU to work around easement constraints while maximizing livable space and functionality. An experienced architect who has worked on ADU projects in your area will be familiar with common easement challenges and creative solutions.

Civil Engineer

If your project involves utility relocations, drainage modifications, or grading changes, a civil engineer is essential. The engineer designs the technical solutions and ensures they comply with local codes and standards.

Frequently Asked Questions About ADU Easement Conflicts

Can I build an ADU on my property if there is an easement?

Yes, you can still build an ADU if your property has easements, but you cannot build within the easement area without permission from the easement holder. You will need to design your ADU to avoid the easement or pursue easement modification or relocation.

How do I find out if my property has easements?

Order a preliminary title report from a title company, hire a licensed surveyor, and check with your local planning department. These three sources together will give you a comprehensive picture of all easements affecting your property.

Can a utility company force me to remove an ADU built on their easement?

Yes. If you build on a utility easement without permission, the utility company has the legal right to require you to remove the structure at your expense. This is why identifying and respecting easements before construction is critical.

How much does it cost to relocate a utility easement for ADU construction?

Costs vary widely depending on the type of utility and the complexity of the relocation. Budget $5,000 to $50,000 or more. Get quotes from the utility company early in your planning process so you can factor this cost into your overall ADU budget.

Can I negotiate with my neighbor to modify an access easement?

Yes. Many access easement conflicts are resolved through negotiation. A real estate attorney can help you draft a modification agreement that satisfies both parties and is properly recorded with the county.

What happens if I discover an easement after I have already started construction?

Stop construction immediately and consult with a real estate attorney. Building on an undiscovered easement can result in costly removal orders, legal disputes, and liability. A thorough title search and survey before construction prevents this situation.

Can an easement prevent me from building an ADU altogether?

In most cases, no. While an easement may limit where on your property you can build, California ADU law still allows you to construct a unit. You may need to adjust the ADU's footprint, position, or design to avoid the easement area. In rare cases where the easement covers such a large portion of the property that no viable building area exists, alternative approaches like JADUs (Junior ADUs) or garage conversions may still be available. Consult with a qualified ADU builder who has experience working with easement-constrained properties.

How do I find out if my property has any easements?

The most reliable way to identify easements is through a title search and property survey. Your title company can provide a preliminary title report that lists all recorded easements. Additionally, a licensed surveyor can physically locate easement boundaries on your property. County assessor records and building department files may also contain information about utility easements and other recorded encumbrances.

Costs Associated With Easement-Related ADU Issues

Dealing with easements during ADU construction can add costs to your project. Understanding these potential expenses helps you budget appropriately from the start.

The best strategy is to invest in the relatively inexpensive steps at the top of this list (title search, survey, attorney consultation) to avoid the much more expensive scenarios at the bottom. For a comprehensive breakdown of ADU costs, see our complete California ADU cost guide.

Real-World Easement Scenarios and Solutions

Understanding how other homeowners have navigated easement issues can help you plan your own ADU project more effectively. Here are common scenarios with practical solutions.

Scenario 1: Sewer Easement Running Through the Backyard

A homeowner in West Los Angeles discovered a 10-foot-wide sewer easement running diagonally across their backyard. Rather than trying to relocate the sewer line, they worked with their architect to position the ADU on the portion of the lot not covered by the easement. The ADU footprint was adjusted from a 24x30 rectangle to an L-shaped design that maximized square footage while keeping the structure entirely outside the easement. The resulting 650-square-foot ADU required slightly higher construction costs due to the irregular shape but avoided the much larger expense of sewer relocation.

Scenario 2: Access Easement Shared With Adjacent Property

A Pasadena homeowner's property had a 12-foot-wide access easement along the eastern boundary that allowed the adjacent property owner to reach their garage. The homeowner negotiated with the neighbor to narrow the easement to 10 feet in exchange for the homeowner repaving the entire easement path. This freed up 2 additional feet of buildable area, which was enough to accommodate the planned 400-square-foot detached ADU with the required 4-foot setback from the property line.

Scenario 3: Utility Easement Along the Front of the Property

A homeowner in the San Fernando Valley had a 15-foot utility easement along the front of their property that limited the placement of their detached ADU. By working with LADWP to confirm the exact location of underground utilities, they determined that the actual utility infrastructure occupied only a 5-foot corridor within the 15-foot easement. While the full easement remained in effect, the knowledge of where the utilities actually ran helped the architect design a structure that could be built at the edge of the easement zone while still allowing utility access. The city building department approved the plan after confirming it did not interfere with utility maintenance access.

Working With Professionals on Easement Issues

Navigating easement conflicts requires expertise from several different professionals. Engaging the right team early saves time, money, and frustration.

Real Estate Attorney

A real estate attorney who specializes in easement law is your most important resource. They can review your title documents to identify all existing easements, interpret the legal scope of each easement, advise you on your rights and obligations, negotiate with easement holders on your behalf, and represent you in court if disputes cannot be resolved through negotiation. Budget $2,000 to $5,000 for attorney services in a straightforward easement review, and significantly more if litigation becomes necessary.

Licensed Land Surveyor

A licensed land surveyor physically locates easement boundaries on your property, confirming where you can and cannot build. The survey creates a legal document that your architect and builder can reference during design and construction, ensuring the ADU stays within the buildable area. A residential survey typically costs $500 to $2,000 and is one of the best investments you can make before starting your ADU project.

Experienced ADU Architect

An architect with experience designing ADUs on easement-constrained properties can find creative solutions that maximize your living space while respecting easement boundaries. They can adjust footprints, use multi-story designs, incorporate setback requirements, and position the ADU to avoid conflicts. When selecting an architect, ask specifically about their experience with easement-related design challenges on properties in your area.

Prevention: Best Practices Before Breaking Ground

The most effective way to handle easement conflicts is to prevent them entirely through thorough due diligence before you begin your ADU project.

Comprehensive Title Review

Order a full title report and carefully review every recorded easement, covenant, and restriction on your property. Do not rely on the abbreviated description that appears on your property deed. Request copies of the actual easement documents, which contain the specific terms, conditions, and boundaries. A title company can provide these documents, usually for a modest fee.

Professional Property Survey

Have a licensed surveyor mark the physical boundaries of all easements on your property. This creates a clear visual reference for your architect and contractor, ensuring the ADU design respects all easement boundaries from the start. The survey should include all property lines, easement boundaries, existing structures, and the proposed ADU footprint.

Early Communication With Easement Holders

Before finalizing your ADU plans, reach out to all easement holders, including utility companies, neighbors with access easements, and any other parties with recorded rights on your property. Informing them of your plans early and asking about any concerns or requirements demonstrates good faith and can prevent surprises during construction. Many potential conflicts can be resolved through early dialogue that would become contentious if discovered mid-construction.