CA · jury_instructions
CACI No. 4902
Interference With Secondary Easement
[Name of plaintiff] has an easement on the land of [name of defendant] for
the purpose of [specify, e.g., providing ingress and egress to the public
highway]. A person with an easement and the owner of land on which the
easement lies each have a duty not to unreasonably interfere with the
rights of the other to use and enjoy their respective rights. Neither party
can conduct activities or place obstructions on the property that
unreasonably interfere with the other party’s use of the property.
In this case, [name of plaintiff] claims that [name of defendant] [specify
interference, e.g., built a gate across the path of the easement]. Y ou must
determine whether [name of defendant]’s [e.g., building of a gate]
unreasonably interfered with [name of plaintiff]’s use and enjoyment of
the easement.
New November 2019
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2022
- Content hash
7216a9666670b9f60fce875681cb71ab74281cff69ec6d12c35c30e7343b4f5c
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