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  1. #1
    Join Date
    Apr 2005
    Location
    Sacramento,ca
    Posts
    21

    Default TRO and Deeded Easement

    My question involves restraining orders in the State of: California
    My neighbor is trying to get a TRO on myself and his other bordering neighbor. She was served but so far I have not been. i have a post on this below on this forum. The Plaintiff has fenced his entire property, covered the fence with black plastic and posted no trespassing signs.
    He has blocked a deeded easement that leads to the water source used by the neighbors. If successful with the TRO will he have the right to block the defendants from their water source? That easement has always been there. It goes to a spring which requires regular maintenance of the dam as well as property owners water lines.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: TRO and Deeded Easement

    As previously suggested, you and the other neighbor should get legal representation in relation to the petitions for TROs.

    If the court is inclined to grant the TRO, you can raise the issue of access for maintenance and use of the water source. What are we talking about? An easement for water pipes leading to a common well? Nothing in a TRO would give the neighbor the right to turn off water under such circumstances, but depending on its terms it might make it difficult for you to perform maintenance (even through a contractor).

  3. #3
    Join Date
    Apr 2005
    Location
    Sacramento,ca
    Posts
    21

    Default Re: TRO and Deeded Easement

    The TRO was denied and dismissed once the courts were informed it was possibly a retaliation for their being reported for multiple illegal activities to code enforcement.
    The water lines cross the property on a deeded easement to a spring that supplies deeded water to several properties. All the property owners have deeded easement and water rights. He is now demanding all the neighbors remove their lines. Several folks have lived here 35 years. Needless to say, an attorney has been contacted and it will be dealt with based on the deeds.
    I guess when you report someone to the county for code violations it's to be expected that they will do what they can to get back and those they think reported them.

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