Industrial applications are often prone to need for quality and safety, flameproof and explosion-proof products. However, in California, safety issues in industrial applications can go well beyond the products themselves, and include navigating complex laws concerning premises liability and accessibility. Property accessibility in California has become a budget breaking issue for industrial and commercial site owners. Due to the complexity of driveway easement laws california, property owners who operate commercial and industrial sites must be aware of common driveway easement issues, and understand how California easement law can affect site safety and accessibility. Driveway easement laws are important for all California property owners, and control the ability of individuals to access the property via adjacent roadways or driveways. This law is important for industrial properties where the movement of equipment on and off-site is a part of everyday business operations.
For example, if only one driveway easement has been created and maintained for decades, and no easement law is established defining the boundaries for all parties involved, a landowner who asks the other landowners to stop using the established driveway may not be legally permitted to do so. California easement laws vary from state to state, and in many states, easement rights are defined in the property deeds. However, in California, easement laws vary between counties and cities and are defined as they are enforced by a court of law. As a result, property owners often lack clarity over what portions of their property apply to other residents or landowners as easements.
Property owners on a private road may not be aware that a public roadway runs through their neighborhood without obvious signage on the road. This has become an issue for businesses that operate in a commercial area without a clear entrance to their property, because a lack of proper signage can prevent employees and customers from easily identifying the location of a property. Even if a property owner chooses to create proper signage, it can be blocked by other buildings or industrial structures, effectively preventing access by the public.
As a result of the ambiguous nature of California driveway easement law, it is not uncommon to see court disputes over whether to require the shared use of driveways or private roadways. If an industrial site owner does not understand the intricacies of California easement law, they can significantly affect the accessibility of their premises and even affect the safety of those who use them. For instance, if a shared driveway becomes the only route for individuals to reach a property, unless otherwise defined by an easement, it can become damaged and may be difficult to repair.
In this instance, the owner of the shared driveway may decide to declare the end of a shared driveway usage, affecting the ability of clients, staff, or customers to access the site. The easement law applies to all California property owners, no matter whether your property is a residential, commercial, or industrial application. Despite the fact that property owners are required to maintain easements on their property, use on the property still needs to avoid putting others at risk.
For example, a multi-institutional property owner may need to strategize overlapping maintenance of a shared driveway space. If poor maintenance of a shared driveway results in an injury, the affected party may have cause to seek compensation for damages. Therefore, lack of clarity on the definition of a driveway easement may put both the affected parties and the property owner at risk. Industrial property owners should be aware that there may be legal ramifications for not maintaining a driveway easement, or even attempting to prevent a client or customer from utilizing the property.
If you would like to learn more about the implications of non-compliance with California easement law, the team at Commercial Thai Tea can help you navigate some of the most common issues faced by industrial property owners. For further information on easement laws, you can visit this Wikipedia page.
